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Harare High Court
Swimming Pool & Underwater Repair (Pvt) Ltd and Aeromm Resources (Pvt) Ltd and Tolrose Investments (Pvt) Ltd and Patterson Fungai Timba v Jameson Rushwaya and Annie Rushwaya and Messenger of Court-Kadoma N.O and Commissioner Mufandaedza N.O and Commissioner General Chihuri N.O and Dispol Manzinzi N.O and Co-Minister Home Affairs-Kembo Mohadi N.O and Co-Minister Home Affairs-Theresa Makoni N.O
HH 239-12
Case Details
Court
Harare High Court
Date
6 June 2012
Citation
HH 239-12
Neutral Citation
[2012] ZWHH 239
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
SpoliationCompany LawMining Law
Keywords
spoliation orderpeaceful possessionwrongful dispossessionlocus standiurgency
Tags
mining disputeshareholder disputespoliation
legislation
Statutes Cited
- No statutes were cited in this judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether 4th applicant has locus standi to represent 2nd and 3rd applicants","issue_type":"procedural","dispositive":"no","related_facts":"4th applicant deposed founding affidavit; resolutions attached"}
- {"issue_text":"Whether application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 6 days after alleged dispossession; Easter holiday delay"}
- {"issue_text":"Whether applicants proved wrongful dispossession on 5 April 2012","issue_type":"mixed","dispositive":"yes","related_facts":"Allegations of lock changing; 3rd respondent denied visit; no witness affidavits"}
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background
Facts of the Case
Background
Long-standing dispute over control of Glencairn Mine. Applicants sought spoliatory relief alleging they were wrongfully dispossessed on 5 April 2012 when 3rd respondent changed locks. Court found insufficient evidence of dispossession.
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