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Harare High Court

Amon Murwira and Karin Sigrid Murwira and Alexander Tonderai Murwira v Noxon Investments and David Govere

HH 27/17

Case Details

Court
Harare High Court
Date
18 January 2017
Citation
HH 27/17
Neutral Citation
[2017] ZWHH 27
Outcome
unknown
Case Type
Application

Bench

Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Property lawCivil procedure
Keywords
Rei vindicatioEjectmentSheriff's auctionProperty transferRegistered ownership
Tags
EjectmentProperty ownershipSheriff's saleRei vindicatio
legislation
Statutes Cited
  • High Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicants are entitled to ejectment based on rei vindicatio","issue_type":"law","dispositive":"yes","related_facts":"Applicants are registered owners, respondents in occupation"}
  • {"issue_text":"Whether respondents' intention to challenge the sale constitutes a defence to ejectment","issue_type":"law","dispositive":"no","related_facts":"Respondents claim sale was at unreasonably low price"}
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background
Facts of the Case

Background

The applicants, who are the registered owners of Stand 13975 Salisbury Township, purchased the property at a Sheriff's auction sale. The respondents, former registered owners, remain in occupation and seek to challenge the sale on grounds that it was sold at an unreasonably low price, but have not yet filed any application to set aside the sale.
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