Zimbabwe News Update
herald_improved
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Fidelis MunyoroChief Court ReportA Harare man has reclaimed possession of his cabin at Stand 27, Chinemaringa Close, Shawasha Hills.The court found that Saddam Mustafa Rashidi had been unlawfully evicted by Trondel Investments (Pvt) Ltd, the registered property owner, along with two other respondents, Mr Owen Gumbo and Gungwe Security (Pvt) Ltd.The ruling by Justice Joel Mambara follows an urgent chamber application for spoliation.Mr Rashidi alleged that he had been in peaceful and undisturbed occupation of the cabin from March 2025 until October 8, 2025, when the respondents barred him from entering the property without a court order.He argued that the respondents’ actions amounted to self-help, leaving him homeless and necessitating immediate court intervention.The respondents denied Mr Rashidi’s claims, asserting that he was an intruder with no right to occupy the property.They argued that the cabin had always been empty and that Mr Rashidi’s presence was unknown to them.
However, an inspection of the premises conducted during the proceedings revealed otherwise.The cabin, identified by Mr Rashidi, was found to contain personal items including a bed, bedding, a gas stove, and food, suggesting continuous habitation.Mr Rashidi was able to unlock the cabin during the inspection, further supporting his claim of possession.The court emphasised that the remedy of spoliation is designed to prevent unlawful dispossession and uphold the rule of law.Justice Mambara noted, “No one is permitted to dispossess another forcibly or wrongfully and against his consent of possession of property, whether movable or immovable.
If he does, the court will summarily restore the status quo ante, as a preliminary to any inquiry or investigation into the merits of the dispute.”The court found that Mr Rashidi had demonstrated peaceful and undisturbed possession of the cabin and that his eviction by the respondents was unlawful.Justice Mambara dismissed the respondents’ arguments that they were unaware of Mr Rashidi’s occupation, stating that possession does not require the explicit awareness or consent of the owner.The court ruled that the respondents had violated the principle that no one may resort to self-help, regardless of their belief in their rights to the property.Justice Mambara ordered the immediate restoration of Mr Rashidi’s possession of the cabin and directed the respondents to remove any impediments to his access.The court also ordered the respondents to return any personal items removed from the cabin.
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