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MANDUNA v MUTIZWA 1992 (2) ZLR 90 (S)
Spoliation order — couple living together — one moving out and taking items away without other's consent — claiming that had retained sole possession and control of items
A man and woman had lived together for some time. The woman then moved out taking with her several items without the man's consent. The man applied for a spoliation order. The woman claimed that these items had been under her sole possession and control whilst they lived together and the man had never used the items and derived benefit from them. The man disputed this.
Held, that if the woman's claim was correct the man would not be entitled to a spoliation order and as the dispute about this matter could not be resolved on the papers, his application for a spoliation order had rightly been rejected.
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