In
this urgent chamber application the applicants seek a spoliation order couched
as follows-
“It
is ordered that:-
1.
That applicants', their employees, agents or invitees possession to Lot 8 of
Newcastle also known as Silverton Estates in the District of Chipinge be
restored.
2.
That first to third respondents and all others acting through them provide free
and unfettered access by applicants, their employees, agents or invitees to Lot
8 of Newcastle.
3.
That the Deputy Sherriff, should it become necessary, be and is hereby
authorized and empowered to attend to the removal of first to third respondents
and all other persons acting through them from Lot 8 of Newcastle in Chipinge
District, and, pursuant thereto, the Deputy Sherriff may enlist the assistance
of any member of the Zimbabwe Republic Police to attend to such removal; the
police being directed to provide such assistance so that the provisions of this
order be implemented in full.
Alternatively:
4.
That the applicants, their agents, employees or invitees be and are hereby
authorized and empowered to enter upon Lot 8 of
Newcastle for purposes of collecting and removing all movable property
and assets out, and of the opportunity to assess and record the extent of
damage and loss to their property.
5.
That the fifth respondent be and is hereby directed to provide an escort to applicants or its
agents onto Lot 8 of Newcastle, and provide security and protection to
applicants and their agents to attend to matters pursuant to paragraph 4.
6.
That first to third respondents and all other persons acting through them be
and are hereby interdicted from, in any way, hindering, preventing or impeding
the applicants, their agents, employees or invitees from implementing and
executing the provisions of paragraph 4.
7.
That first to third respondents pay applicants costs of suit on a legal
practitioner and client scale; the one paying the other to be absolved.”
The
facts deposed to by the applicants are generally as follows.
In
the early hours of 8 June 2010 a group of persons entered Silverton Estates Lot
8 demanding to take over “their” property. Initially, the group numbered seven
but with time the number increased to twenty.
The group broke down the main entrance doors and gained entry into the
main residence where they looted various items of property and threatened both
the second applicant and his wife. It appeared to the applicants that the group
comprised of drunken “youths”. As a result of the threats of violence to their
persons and property, the applicants were forced to vacate Silverton Estate,
leaving behind much of their household and other property.
The evidence at hand indicates, without doubt,
that an act of spoliation took place. The applicants are entitled to full
restoration of undisturbed possession of the estate and various movables.
