Whaley v Mhende (HH 172 of 2003) [2003] ZWHHC 172 (21 October 2003)

Whaley v Mhende (HH 172 of 2003) [2003] ZWHHC 172 (21 October 2003)

The respondent failed to prove on a balance of probabilities that he purchased the applicant's movable property. The applicant retained possession for purposes of spoliation despite the s8 order. The provisional order for restoration of possession is confirmed.

Source-derived case information.

Citation
[2003] ZWHHC 172
Parties
Applicant: Joseph William Whaley; Respondent: Chester Nhamo Mhende
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
21 October 2003
Case Number
HH 172 of 2003
Procedural Posture
Opposed Application / Confirmation of Provisional Order
Outcome
provisional order confirmed
Legal Topics
Spoliation, Mandament Van Spolie, Land Reform, Movable Property, Possession, Contempt of Court
Source Language
english
Civil Procedure Property Law Spoliation Mandament Van Spolie Land Reform Movable Property Possession Contempt of Court

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Summary, issues, holding and outcome

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Parties

Joseph William Whaley

Applicant

Chester Nhamo Mhende

Respondent

Procedural Posture

Opposed Application / Confirmation of Provisional Order

Legal Issues

  1. 1 Whether the applicant is entitled to restoration of possession of movable property under mandament van spolie
  2. 2 Whether the respondent proved purchase of the applicant's movable property
  3. 3 Effect of s8 Land Acquisition Act order on movable property

Ratio Decidendi

The respondent failed to prove on a balance of probabilities that he purchased the applicant's movable property. The applicant retained possession for purposes of spoliation despite the s8 order. The provisional order for restoration of possession is confirmed.

Court Disposition

provisional order confirmed

Orders

  • Respondent to restore to applicant possession of movable assets listed in annexure A, including 80 cattle, 40 sheep, 5 horses, 30 laying hens, 2 dogs, and a cat, forthwith.
  • If respondent fails, Deputy Sheriff to restore possession to applicant.