L.S. Waters (Pvt) Ltd. & Another v Zimbabwe National Water Authority & Others (HH 153/16 HC 1401/16) [2016] ZWHHC 153 (24 February 2016);
1
HH 153/16
HC 1401/16
L.S WATERS (PVT) LTD
and
JOHANNES JAKOBUS LAUBSCHER
versus
ZIMBABWE NATIONAL WATER AUTHORITY
and
MANYAME CATCHMENT COUNCIL
and
A.H. KATSANDE – ACTING MANAGER
MANYAME CATCHMENT COUNCIL
and
CDE E. MHLANGA – CHAIRMAN UPPER MANYAME
SUB-CATCHMENT COUNCIL
and
UPPER-MANYAME SUB-CATCHMENT COUNCIL
and
WENSLEY MUCHINERI – THE COMPLIANCE
MANAGER OF UPPER MANYAME
SUB-CATCHMENT COUNCIL
and
This was an application for a spoliation order to summarily undo the wrongful deprivation of property without investigating the merits.
The applicants claimed that their immovable property (10 Metcalf Road, Greendale) and equipment for water abstraction were seized by the first to sixth respondents.
The first to the sixth respondents raised two preliminary objections: that the matter was not urgent and that there was need for police to join as co-respondents since they were the ones who had seized the applicants’ property. The first objection was abandoned while the second was dealt with in the merits of the case.
The court noted that the applicants were required to prove peaceful and undisturbed control before the disturbance and that the respondent took or destroyed the control unlawfully. However, the applicant would not succeed if the respondent proved valid defenses like they did not commit the spoliation or that they were not involved in the spoliation.
The court found that the applicants were in peaceful and undisturbed possession of the property and equipment although, illegally. However, the court noted that the applicants claimed that they were despoiled of their equipment by the first to sixth respondents who were not natural persons but failed to state who acted on their behalf. The court therefore held that the respondents were not involved in the despoiling.
Accordingly, the application was dismissed with costs.