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Harare High Court
Peter Pedzisai and 22 Others v Hope Werekenai Katuka and Sheriff of Zimbabwe
HH 102-22
Case Details
Court
Harare High Court
Date
17 February 2022
Citation
HH 102-22
Neutral Citation
[2022] ZWHH 102
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property LawCivil Procedure
Keywords
spoliationmandament van spolieunlawful evictioncourt order executionself-help
Tags
spoliationevictionunlawful executionmandament van spolie
legislation
Statutes Cited
- Gazetted Land (Consequential Provisions) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the eviction of applicants (particularly 3rd-25th) constituted unlawful spoliation","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants' peaceful possession, lack of party status for most applicants, no eviction clause in order"}
- {"issue_text":"Whether HC 7440/19 authorized eviction of any applicants","issue_type":"law","dispositive":"yes","related_facts":"Terms of HC 7440/19, parties named therein"}
- {"issue_text":"Whether applicants approached court with \"dirty hands\"","issue_type":"procedural","dispositive":"no","related_facts":"Alleged return to farm after eviction"}
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background
Facts of the Case
Background
Twenty-five applicants sought a spoliation order after being evicted from Subdivision 2 of Erling Farm, Seke, Beatrice. The eviction was purportedly based on court order HC 7440/19 which only named the first two applicants as parties. The third to twenty-fifth applicants were strangers to that order.
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