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Fidelis Munyoro
THE High Court has dismissed an urgent chamber application filed by Scraiven Nyamuchengwa, who sought a spoliation order against Larryscope Health Care (Pvt) Ltd and the Messenger of Court – Murehwa.
This case revolves around possession and legal rights to the mining claim ME3448G SCRAI A, located in Goromonzi district.
Justice Maxwel Takuva ruled that Nyamuchengwa failed to satisfy the legal requirements for a spoliation order.
The judge found that Nyamuchengwa’s possession of the mining claim was neither peaceful nor lawful and that his eviction was conducted following due process.
To succeed in a spoliation claim, an applicant must prove two essential elements. First, they must demonstrate that they were in peaceful and undisturbed possession of the property.
Second, they must show that they were unlawfully or forcibly deprived of that possession. The court found that Nyamuchengwa’s possession was not peaceful or undisturbed, as Larryscope Health Care had contested his activities since 2021, resulting in evictions and police interventions. Evidence indicated that his claim had been revoked by the provincial mining director, and his mining activities were conducted in defiance of an injunction.
The eviction executed by the Messenger of Court was based on a valid court order, rendering it lawful.
Justice Takuva said dispossession resulting from judicial authority cannot be considered unlawful.
Furthermore, Nyamuchengwa was not a party to the relevant Magistrates’ Court proceedings, which weakened his claims of wrongful dispossession. The judge also criticised Nyamuchengwa for failing to appeal the cancellation of his mining claim, which undermined his assertion of legitimate possession.
Justice Takuva emphasised that Nyamuchengwa’s inaction and the circumstances surrounding his eviction negated any claim to spoliation, resulting in the dismissal of his application.
Online Reporter