Citizens for Coalition Change v Chamisa (34 of 2024) [2024] ZWBHC 34 (14 March 2024)
The applicant proved on a balance of probabilities that it was in peaceful possession of the property and was wrongfully deprived by persons acting on the respondent's instructions, thus entitled to restoration of possession.
- Citation
- [2024] ZWBHC 34
- Parties
- Applicant: Citizens for Coalition Change; Respondent: Nelson Chamisa
- Court
- Bulawayo High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 14 March 2024
- Case Number
- 34 of 2024
- Procedural Posture
- Urgent Chamber Application / Judgment
- Outcome
- Application granted
- Legal Topics
- Spoliation, Mandament Van Spolie, Possession, Self Help, Restoration of Possession
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Citizens for Coalition Change
Applicant
Nelson Chamisa
Respondent
Procedural Posture
Urgent Chamber Application / Judgment
Legal Issues
- 1 Whether the applicant was unlawfully deprived of possession of its property
- 2 Whether the respondent was responsible for the spoliation
Ratio Decidendi
The applicant proved on a balance of probabilities that it was in peaceful possession of the property and was wrongfully deprived by persons acting on the respondent's instructions, thus entitled to restoration of possession.
Court Disposition
Application granted
Orders
- Applicant restored to possession, control, and occupation of the property as prayed in the draft order.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment