Aaron Kundiona v Masvingo Cooperative Union and Messenger of Court

HMA 05-20

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Case Details

Court

Masvingo High Court

Date

28 February 2020

Citation

HMA 05-20

Neutral Citation

[2020] ZWHMA 5

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO J

Areas of Law

Property LawCivil Procedure

Keywords

eviction ordernotice of appealwrit of ejectmentmagistrates court rules

Key Issues

{"issue_text":"Whether the applicant's appeal effectively froze the magistrates court judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed notice of appeal but did not serve it on first respondent"}
{"issue_text":"Whether the eviction was unlawful given the alleged pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was evicted after filing notice of appeal"}

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background

Facts of the Case

Background

The applicant was evicted from House No. 493 Masvingo Cooperative Union, Jerera after the first respondent obtained an eviction order from the Magistrates Court. The applicant filed a notice of appeal against the magistrate's judgment but failed to serve it on the first respondent. The applicant sought restoration to the property through urgent chamber application.

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