MAKONI J: This is an application for leave to execute pending appeal. The background to the matter is that the applicant carries on farming operations at Frogmore Farm in Mazoe (“farm”). The first respondent took occupation of part of the farm on 13 May 2007 on the basis of an offer letter issued to him by the second respondent. The applicant issued summons, out of this court, claiming spoliatory relief. The matter went to a full trial and on 29 July 2009 this court granted the applicant’s claim. On 30 July 2009 the respondent filed a Notice of Appeal to... More
On the 9th of September 2009, the applicant obtained a spoliation order against the 1st respondent, in Case No. HC 3989/09, evicting him from the property in question (Frogmore Farm). On the same day, the 1st respondent appealed against this order in Case No. SC 216/09. Relying on his offer letter from the 2nd respondent and the notice of appeal, he then reoccupied the property on the 15th of September 2009 without the applicant’s consent. The applicant now seeks leave to execute the order in Case No. HC 3989/09 pending appeal. The 1st respondent resists the application on the ground... More
The applicant company is the former owner of a certain piece of land known as Elsinora, situate in the Mazowe district. This property is also known as “D” section of Forrester Estate. It is common cause that this property has been acquired by the Statein terms of s 16B of the Constitution of Zimbabwe. In its founding affidavit sworn to by its Finance Director, PhilimonMugari, the applicant has averred that the property had not been acquired by the State. At the hearing of this application counsel for the respondent Advocate Uriri, conceded that the property had indeed been acquired by... More
The applicant filed an application for a spoliation order. The basis of the application is that on 9 January 2010 the respondent, together with six other men entered into the applicant’s farm and they forcibly dismantled a maize silo. This was without the consent of the applicant neither was there a court order authorizing them to do so. More
In this urgent chamber application the applicant seeks a provisional order in the following terms:
“1. TERMS OF FINAL ORDER SOUGHT
1.1. The provisional order be and is hereby confirmed
1.2. That the respondent shall pay costs of suit.
2. INTERIM RELIEF GRANTED
A “Mandament van spolie” be and is hereby granted restoring the “status quo ante” which prevailed prior to the 1st October 2010 to the respondent’s occupation of a piece of land known as Elsinora, situate in the district of Mazowe, and that such restoration be achieved by the eviction of the respondent, his possessions and all persons... More
