Karori (Pvt) Ltd & Anor v Mujaji (HC 824 of 2007) [2007] ZWHHC 23 (22 February 2007)

Karori (Pvt) Ltd & Anor v Mujaji (HC 824 of 2007) [2007] ZWHHC 23 (22 February 2007)

The applicants were in peaceful and undisturbed possession of the farm until forcibly dispossessed by the respondent without a court order; spoliation proceedings are appropriate to restore possession regardless of the lawfulness of possession, and the failure to join the acquiring authority is not fatal as it was not the despoiler.

Citation
[2007] ZWHHC 23
Parties
Applicant: KARORI (PRIVATE) LIMITED; Applicant: CHARLES INGRAM LOCK; Respondent: BRIGADIER MUJAJI
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
22 February 2007
Case Number
HC 824 of 2007
Procedural Posture
Urgent Chamber Application / Judgment
Outcome
Application granted
Legal Topics
Spoliation, Possession, Eviction, Mandament Van Spolie
Source Language
English
Civil Procedure Property Law Spoliation Possession Eviction Mandament Van Spolie

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Parties

KARORI (PRIVATE) LIMITED

Applicant

CHARLES INGRAM LOCK

Applicant

BRIGADIER MUJAJI

Respondent

Procedural Posture

Urgent Chamber Application / Judgment

Legal Issues

  1. 1 Whether the applicants were unlawfully dispossessed of the farm by the respondent
  2. 2 Whether spoliation proceedings are appropriate regardless of the lawfulness of possession
  3. 3 Whether failure to join the acquiring authority is fatal to the application

Ratio Decidendi

The applicants were in peaceful and undisturbed possession of the farm until forcibly dispossessed by the respondent without a court order; spoliation proceedings are appropriate to restore possession regardless of the lawfulness of possession, and the failure to join the acquiring authority is not fatal as it was not the despoiler.

Court Disposition

Application granted

Orders

  • Respondent, his family, workers and agents to return keys and locks to all buildings on the farm to the applicants.
  • Respondent, his family, workers and agents to restore Tsitsi Musariri and her children to occupation of the house from which she was evicted.