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Spoliation or Mandament van Spolie re: Possessory Rights and Right of Access Contracts

HH31-09 : JEPHAT GUTE vs AMOS JUMBE
Ruled By: UCHENA J

The law is not settled as to whether a lessee can despoil the landlord by refusing to return the leased property. It is common cause, though, that when a lessor has given occupation of property to a lessee, there is no question of an unlawful deprivation of possession as, having regard to the fundamental ...
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HH40-09 : DODHILL (PVT) LTD and SIMON KEEVIL vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and NYASHA CHIKAFU
Ruled By: BERE J

BHUNU J..., stated:“Although the applicant is entitled to occupy the land, he is not entitled to evict the former owner…, because he does not own the land and has not, at any stage, acquired possession.It is now settled law, that, a lessee who has not acquired vacant possession cannot evict ...
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HB78-09 : MARGRET MUGADZA vs KNIGHT FRANK and NRZ CONTRIBUTION PENSION FUND and DEPUTY SHERIFF N.O.
Ruled By: NDOU J

The applicant seeks a spoliation order against the first respondent. The facts of this case are essentially common cause, or at least beyond material dispute. The applicant has a sub-lease arrangement with Taradale Investments, who are the principal lessees of Shop Number 55, Bulawayo Centre. The applicant has been in occupation since 2007. From the papers filed, ...
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SC54-14 : AUGUSTINE BANGA and KEVIN JAMES vs SOLOMON ZAWE and DEPUTY SHERIFF and OFFICER IN CHARGE, BORROWDALE POLICE STATION
Ruled By: MALABA DCJ, GWAUNZA JA, GOWORA JA, PATEL JA and HLATSHWAYO JA

This is an appeal against the entire judgment of the High Court, Harare, which was handed down on 20 March 2012. In that court, the first respondent in casu brought an urgent application against the present first appellant and two others for an interim spoliation order. The brief facts of the matter are as ...
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HB25-10 : MAXWELL HEDIOUS MOYO vs MARGRET MOYO and MADA MOYO
Ruled By: NDOU J

The applicant seeks a provisional order in the following terms: “Terms of the final order sought: That the provisional order granted by this honourable court be confirmed in the following manner: 1. The respondents' act of denying applicant access to the premises being Stand Number 63067 Tshabalala Township being Gushiri Butchery Tshabalala be declared to be an unlawful act of ...
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HH48-14 : WINSLEY MILITALA N.O. and QV PHARMACIES PRIVATE LIMITED (Under Provisional Judicial Management) vs MUTUAL FINANCE PRIVATE LIMITED and MESSENGER OF COURT and SHINGIRAI USHEWOKUNZE
Ruled By: CHIGUMBA J

The applicants filed a founding affidavit which was deposed to by Mr. Winsley Militala, the Provisional Judicial Manager of the second applicant. He stated that on 8 January 2014, the second applicant was placed under provisional judicial management, the effect of which was to automatically stay and suspend all actions and the execution of all ...
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HB108-16 : NELSON MANGENA vs EDGARS STORES LIMITED and MESSENGER OF COURT, HWANGE
Ruled By: MATHONSI J

This is an application for a mandament van spolie. The purpose of such remedy is to preserve law and order and to discourage persons from taking the law into their own hands no matter how much of a right they have in the property possessed by another. See Chisveto v Minister of Local Government and Town Planning 1984 (1) ...
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HH193-16 : GRANDWELL HOLDINGS PL vs MINISTER OF MINES and ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and ZIMBABWE CONSOLIDATED DIAMOND COMPANY and MBADA DIAMONDS PL and ANOR
Ruled By: MAFUSIRE J

The respondents' additional argument was that, on the authority of Kama Construction [Pvt] Ltd v Cold Comfort Farm Co-operative Ors 1999 [2] ZLR 19 [SC], Grandwell Holdings (Private) Limited had moved for the wrong remedy. Spoliation was unavailable to it. All it could have sued for was specific performance, coupled with an interdict. ...
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HH99-10 : CRAIG ROBINSON vs ROBERT ROOT PROPERTY CONSULTANTS and HAMMER AND TONGUES (PVT) LTD
Ruled By: MAKARAU JP

In March 2009, the applicant approached this court on a certificate of urgency and obtained a provisional order calling upon the respondents to show cause why they should not be ordered to release certain items of household goods and effects whose details were listed in an annexure to the application.As ...
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Appealed
SC63-21 : GATEWAY PRIMARY SCHOOL and KM RICQUEBOURG N.O. and GATEWAY PRIMARY SCHOOL PARENTS ASSOCIATION vs MARINDA FENESEY and THE SHERIFF OF ZIMBABWE
Ruled By: HLATSHWAYO JA, GUVAVA JA and BHUNU JA

The appellants are appealing against the entire judgment of the High Court delivered on 24 May 2017 under judgment number HH329-17. That judgment granted the respondent a provisional spoliation order in the following terms:“TERMS OF THE FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order ...
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HH329-17 : MARINDA FENESEY vs GATEWAY PRIMARY SCHOOL and K M RICQUEBOURG N.O. and GATEWAY PRIMARY SCHOOL PARENTS ASSOCIATION and THE SHERIFF OF ZIMBABWE
Ruled By: MUSAKWA J

This is an application for a spoliation order. The draft order reads as follows -“TERMS OF FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order should not be made in the following terms;1. The 1st, 2nd and 3rd Respondents be and are hereby interdicted from ...
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HH91-09 : SANANGURAI GWARADA vs KEVIN JOHNSON and MR WILLIAMSON and BERNARD CHOTO
Ruled By: GOWORA J

This matter came before me by way of an urgent chamber application.At the initial set down date, the legal practitioners indicated that they wished to file written submissions and the matter was accordingly postponed for that purpose.In view of the legal issues that were apparent from the affidavits, and that ...
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HH310-11 : CHINA SHOUGANG INTERNATIONAL vs STANDARD CHARTERED BANK ZIMBABWE LTD
Ruled By: BERE J

The facts, which are fairly straightforward and common cause in this matter, can safely be summarised as follows:The applicant is a company duly registered and incorporated in terms of the laws of Zimbabwe. The respondent is a registered commercial bank with a number of branches in Zimbabwe.The applicant runs two ...
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