Chisango v Chisango and Another (732 of 2022) [2022] ZWHHC 732 (19 October 2022)

Chisango v Chisango and Another (732 of 2022) [2022] ZWHHC 732 (19 October 2022)

The applicant demonstrated a prima facie right to occupy Plot No.9 Carrisbrooke Farm based on a valid offer letter, while the first respondent had no lawful claim and had previously failed to assert any right in court. The balance of convenience and urgency favoured the applicant.

Citation
[2022] ZWHHC 732
Parties
Applicant: Gift Chisango; First Respondent: Priviledge Chisango; Second Respondent: Minister of Lands, Agriculture, Water, Climate and Rural Resettlement
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
19 October 2022
Case Number
732 of 2022
Procedural Posture
Urgent Chamber Application / Ruling on Interim Relief
Outcome
interim relief granted
Legal Topics
Interdict, Land Allocation, Actio Rei Vindicatio, Costs
Source Language
English
Property Law Civil Procedure Interdict Land Allocation Actio Rei Vindicatio Costs

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Parties

Gift Chisango

Applicant

Priviledge Chisango

First Respondent

Minister of Lands, Agriculture, Water, Climate and Rural Resettlement

Second Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Interim Relief

Legal Issues

  1. 1 Whether the applicant has a lawful right to occupy Plot No.9 Carrisbrooke Farm
  2. 2 Whether the first respondent should be interdicted from interfering with the applicant's occupation
  3. 3 Whether the matter is urgent

Ratio Decidendi

The applicant demonstrated a prima facie right to occupy Plot No.9 Carrisbrooke Farm based on a valid offer letter, while the first respondent had no lawful claim and had previously failed to assert any right in court. The balance of convenience and urgency favoured the applicant.

Court Disposition

interim relief granted

Orders

  • First respondent and all those acting through her are interdicted from entering, ploughing, planting or conducting any activity on Plot No.9 Carrisbrooke Farm, Seke District, Mashonaland East.
  • First respondent and all those acting through her are directed to vacate the said plot within 24 hours of this order, failing which the Sheriff and police are to eject them.