Patrick M.F. Krambergar was the previous owner of Mandindindi Farm. On 6 October 2003, he obtained a provisional order from Hungwe J against 7 named settlers protecting his rights pending proper acquisition of the property. On 5 December 2003, the farm was acquired under the Land Acquisition Act [Chapter 20:10], and the acquisition order was served on Krambergar on 6 December 2003 for the entire 883,0700 hectares. Following the acquisition, a dispute arose between settlers allocated plots on the farm and Mazowe Rural District Council over 25 hectares of citrus and guava fruit trees. The settlers obtained a provisional order from Bhunu J restraining the first and second respondents from interfering with their operations on the disputed 25 hectares. They did not cite Kramberger as a party. Krambergar complained that he should have been cited as an interested party, claiming he was the rightful owner of the disputed plantation and relying on Hungwe J's order for protection.