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Supreme Court
Quicklink Investments (Private) Limited v CMAL (Private) Limited & The Sheriff of Zimbabwe
SC 119/23
Case Details
Court
Supreme Court
Date
7 November 2023
Citation
SC 119/23
Neutral Citation
[2023] ZWSC 119
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MUSAKWA JA
Full Bench
BHUNU JACHIWESHE JAMUSAKWA JA
Areas of Law
Property LawMining Law
Keywords
spoliation orderpeaceful possessionmining claimsevictionmandament van spolie
Tags
spoliationmining rightsland possessioneviction
legislation
Statutes Cited
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent was in peaceful and undisturbed possession of part of the farm and whether the appellant despoiled the first respondent of such possession","issue_type":"mixed","dispositive":"yes","related_facts":"Execution of HC 1604/21, fencing on 15 February 2022, concession by appellant"}
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background
Facts of the Case
Background
The appellant mining company occupied part of the first respondent's farm under mining claims. After the first respondent obtained and executed an eviction order against the appellant's director, the appellant erected fencing on the property. The first respondent successfully obtained a spoliation order in the High Court, which the appellant appealed.
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