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Harare High Court
YATCH (PVT) LTD v ACTION PROPERTY SALES (PVT) LTD and CHUDY PROPERTIES (PVT) LTD
HH 446-21
Case Details
Court
Harare High Court
Date
27 August 2021
Citation
HH 446-21
Neutral Citation
[2021] ZWHH 446
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUREMBA J
Full Bench
MUREMBA J
Areas of Law
Property LawCivil Procedure
Keywords
spoliationpossessionleaseevictionde facto possession
Tags
spoliationmandament van spolielease agreementpossession
legislation
Statutes Cited
- None identified
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was in peaceful and undisturbed possession of the property at the time of the alleged spoliation","issue_type":"fact","dispositive":"yes","related_facts":"Whether applicant had de facto possession on 13 August 2021"}
- {"issue_text":"Whether the applicant was unlawfully deprived of possession","issue_type":"law","dispositive":"yes","related_facts":"All facts regarding the locking of premises and state of property"}
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background
Facts of the Case
Background
The applicant and respondents had a lease agreement dating back to 2011. On 13 August 2021, the respondents locked the premises, claiming the property was abandoned and derelict. The applicant sought a spoliation order, but the court found it failed to prove it was in possession at the time of the alleged dispossession.
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