Maphosa v Maseko (HB 164 of 2016; HC 1437 of 2015; XREF HC 2850 of 2014; XREF HC 4414 of 2010; XREF HCA 61 of 2014) [2016] ZWBHC 164 (23 June 2016)

Maphosa v Maseko (HB 164 of 2016; HC 1437 of 2015; XREF HC 2850 of 2014; XREF HC 4414 of 2010; XREF HCA 61 of 2014) [2016] ZWBHC 164 (23 June 2016)

The respondent was in clear contempt of the magistrates’ court order by unlawfully reinstating himself into the property after eviction and resisting further lawful eviction, justifying confirmation of the provisional order with an amended fine.

Citation
[2016] ZWBHC 164
Parties
Applicant: Rose Maphosa; Respondent: Temba Maseko
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
23 June 2016
Case Number
HB 164 of 2016 ; HC 1437 of 2015 ; XREF HC 2850 of 2014 ; XREF HC 4414 of 2010 ; XREF HCA 61 of 2014
Procedural Posture
Contempt of Court Application / Confirmation of Provisional Order
Outcome
provisional order confirmed as amended
Legal Topics
Eviction, Spoliation, Enforcement of Court Orders, Legal Ethics
Source Language
English
Civil Procedure Contempt of Court Property Law Eviction Spoliation Enforcement of Court Orders Legal Ethics

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Parties

Rose Maphosa

Applicant

Temba Maseko

Respondent

Procedural Posture

Contempt of Court Application / Confirmation of Provisional Order

Legal Issues

  1. 1 Whether the respondent was in contempt of the magistrates’ court order
  2. 2 Whether the respondent unlawfully reinstated himself into the property after eviction
  3. 3 Whether the respondent's actions constituted spoliation

Ratio Decidendi

The respondent was in clear contempt of the magistrates’ court order by unlawfully reinstating himself into the property after eviction and resisting further lawful eviction, justifying confirmation of the provisional order with an amended fine.

Court Disposition

provisional order confirmed as amended

Orders

  • Respondent declared in contempt of magistrates’ court order issued on 24 February 2014 under case number 4414/10.
  • Respondent to pay a fine of $500, in default to serve 90 days imprisonment at Bulawayo prison.