Possession protected by spoliatory remedies

Oozing Mining Syndicate v Tamuzi Mining Syndicate & Anor (HH 609-20, HC4996/20) [2020] ZWHHC 609 (25 September 2020);

OOZING MINING SYNDICATE

versus

TAMUZI MINING SYNDICATE

and

THE MINING COMMISSIONER N.O.

 

 

 

HIGH COURT OF ZIMBABWE

MAFUSIRE J

HARARE, 21 & 25 September 2020

 

Urgent chamber application

 

Date of ex tempore ruling: 21 September 2020

Date of written judgment: 25 September 2020

 

Mr T.S. Mujungwa, with him, Mr S. Machingauta, for the applicant

Mr K. Maeresera, for the first respondent

Chiwenga v Mubaiwa (SC 86-20, Civil Appeal No. SC 26/20) [2020] ZWSC 86 (25 June 2020);

REPORTABLE   (75)

 

CONSTANTINE     GUVHEYA     DOMINIC     CHIWENGA

                                                                          v

MARRY     MUBAIWA

 

 

SUPREME COURT OF ZIMBABWE

GWAUNZA DCJ, GARWE JA & BHUNU JA

HARARE:  MARCH 16, 2020 AND JUNE 25, 2020

 

 

 

 

L. Uriri with W. T. Manase, for the appellant

African Aposytolic Church (Vaapostora VeAfrica) & 5 Others v Mwazha & Anor (HH 412-20, HC 2739/20) [2020] ZWHHC 412 (09 June 2020);

AFRICAN APOSTOLIC CHURCH

(Vaapostora VeAfrica)

and

RICHARD JURU

and

NORMAN SIYAMUZHOMBWE

and

ALFRED KUSHAMISA MWAZHA

and

JAMES MWAZHA

and

ELSON TAFA

versus

NYASHA MWAZHA

and

SHINGI MALCOM CHAPFUNGA

 

 

HIGH OF ZIMBABWE

ZHOU J

HARARE, 9 June 2020

 

 

Urgent chamber application

 

 

Ms F. Chimwawadzimba, for the applicant

A. Gurira, for respondent

 

MDC- Alliance & 2 Ors v Muchekanzu & 8 Ors; Gaga & 4 Ors v The Commissioner General & 4 Ors (HH 423-20, HC 2811/20 & HC 2813/20) [2020] ZWHHC 423 (26 June 2020);

 

 

MOVEMENT FOR DEMOCRATIC CHANGE-ALLIANCE                    HC 2811/20

and

CHALTON HWENDE

and

GODFREY COTTON

versus

TENDAI MUCHEKAHANZU

and

FRIDAY MULEYA

and

PAUL GOREKORE

and

DOUGLAS TOGARASEYI MWONZORA

and

MORGEN KOMICHI

and

MOVEMENT OFR DEMOCTRATIC CHANGE-TSVANGIRAI

and

MINISTER OF HOME AFFAIRS & CULTUTAL HERITAGE

and

COMMISSIONER GENERAL OF POLICE N.O

and

MNISTER OF DEFENCE AND WAR VETERANS AFFAIRS N.O

 

Shawasha Business Complex (Pvt) Ltd v City of Harare (HH 389-20, HC 3000/20) [2020] ZWHHC 389 (11 June 2020);

SHAWASHA BUSINESS COMPLEX (PVT) LTD

versus

CITY OF HARARE

 

 

HIGH COURT OF ZIMBABWE

MANZUNZU J

HARARE, 27 May 2020 & 11 June 2020

 

 

Urgent Chamber Application

 

 

R G Zhuwarara, for the applicant

C Kwaramba., for the respondent

 

            MANZUNZU J: This is an urgent chamber application where the applicant is seeking an order in the following terms:

            “TERMS OF FINAL ORDER SOUGHT

Ricnob Suppliers (Private) Limited & Another v Mandizera & Others (HB 262-18, HC 5563/18 X REF HC 1755/18) [2018] ZWBHC 262 (25 October 2018);

This was an application for an order for spoliation. The applicants claimed that they had been unlawfully dispossessed of their quiet and peaceful possession of their property by the first respondent. The first respondent contended that he was issued with a prospecting licence by the second respondent on the same land and that he entered the property on the strength of the authority from second respondent. The applicants alleged that the first respondent entered their land by cutting a fence and causing damage to their property.

The court considered whether or not there had been a spoliation and whether the applicants were entitled to relief. The court established that the first respondent unlawfully deprived the first applicant of its possession of the quarry stone site and that this was an unlawful invasion of the property as the land was private property. 

The court noted that the first respondent had not raised any of the recognised defences in an action for spoliation. The court found that the first respondent intended to take over the quarry site by forcibly removing them applicants from the quarry site without following due process as he did not possess a court order to justify his intended action.

Accordingly, the court held that the requirements for an order for spoliation had been met and ordered the respondents to return the applicant’s status quo prior to the spoliation.

 RICNOB SUPPLIERS (PRIVATE) LIMITED

and

ALFRED CHINANAYI

versus

MIKE MANDIZERA

And all those claiming title use and occupation through same at

certain piece of land being Wallingford a situate in the district of

 Insiza measuring 946.4524 hectares

and

MINISTER OF MINES AND MINERAL DEVELOPMENT

 

 

 

HIGH COURT OF ZIMBABWE

MAKONESE J

BULAWAYO 16 OCTOBER 2018 AND 25 OCTOBER 2018

 

 

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