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TRUSTEES, SOS CHILDREN'S VILLAGE ASSOCIATION OF ZIMBABWE v BIN-DURA UNIVERSITY & ORS 2014 (2) ZLR 36 (H)

2014 (2) ZLR p36

Citation

2014 (2) ZLR 36 (H)

Case No

Judgment No. HH-349-14

Court

High Court, Harare

Judge

Mafusire J

Heard

20 June 2014; CAV

Judgment

10 July 2014

Counsel

I Mureriwa, for the applicant
I Ndudzo, for the first respondent
H Magadure, for the third and fourth respondents
Second respondent in person

Case Type

Urgent application

Annotations

Link to case annotations

Flynote

Interdict – spoliation order – mandament van spolie – not the same thing – differences between the remedies

Legal practitioner – conduct and ethics – practitioner a witness to events forming the subject matter of litigation – legal practitioner not disbarred from representing client in court proceedings – inadvisability of acting

Property and real rights – spoliation order – mandament van spolie – requirements for – peaceful and undisturbed possession – remedy not available in event of temporary disturbance of possession or a threat thereof – interdict – not the same as a mandament van spolie – differences between the remedies

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