Zanele Muchenje and Tafara Muchenje v Minister of Local Government and Public Works N.O and Arusome Property Development (Pvt) Ltd and Tanyaradzwa Sharon Bwanya and Registrar of Deeds N.O and Munyaradzi Bwanya

HH 840-22

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Case Details

Court

Harare High Court

Date

18 November 2022

Citation

HH 840-22

Neutral Citation

[2022] ZWHH 840

Outcome

unknown

Case Type

Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Property LawCivil ProcedureAdministrative Law

Keywords

possessiondispossessionstatus quolease cancellationunlawful occupation

Key Issues

{"issue_text":"Whether the applicants have established the requirements for a mandament van spolie.","issue_type":"law","dispositive":"yes","related_facts":"Acts of first respondent (bricks, cabin, letter); Applicants' continued occupation"}
{"issue_text":"Whether the first respondent is in contempt of court for violating the status quo order in HC 3900/22.","issue_type":"law","dispositive":"yes","related_facts":"Acts of first respondent (bricks, cabin, letter); Status quo order"}

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background

Facts of the Case

Background

The applicants were former lessees of a property whose lease was cancelled by the Government. They remained in occupation. A new lessee, the first respondent, was allocated the property and took steps including delivering bricks and a cabin to the property, and writing to the City Council. The applicants sought a spoliation order and alleged contempt of court, claiming these acts deprived them of possession.

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