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All Cases/Harare High Court/2017

Harare High Court

Angela Blazenka Grey and Ursula Theresa Ann Pretorius and Farai Siyakurima N.O versus A. Caridade Investments (Pvt) Ltd t/a Portugal Restaurant

HH 117-17

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Case Details

Court

Harare High Court

Date

22 February 2017

Citation

HH 117-17

Neutral Citation

[2017] ZWHH 117

Outcome

unknown

Case Type

Application

Bench

Presiding

FOROMA J

Full Bench

FOROMA J

Areas of Law

Property lawCivil procedure

Keywords

Rei vindicatioException to pleadingsSet down procedureBlank notice of set down

Key Issues

{"issue_text":"Whether defendant's exception to plaintiffs' pleadings based on rei vindicatio requirements has merit","issue_type":"law","dispositive":"yes","related_facts":"Plaintiffs' averment of ownership, defendant's acknowledgment of ownership, defendant's possession"}
{"issue_text":"Whether plaintiffs' claim for rates requires detailed breakdown and dates","issue_type":"procedural","dispositive":"no","related_facts":"Claim for $60,464.41 in unpaid rates, defendant's request for particulars"}
{"issue_text":"Whether plaintiffs' alternative claim regarding lease agreement is excipiable","issue_type":"law","dispositive":"no","related_facts":"Plaintiffs challenge existence of lease with Marija Crnkovic, defendant claims lease validity"}

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background

Facts of the Case

Background

The plaintiffs, as registered owners of commercial property, sued the defendant for ejectment, unpaid rates of $60,464.41, and interest. The defendant occupied the premises allegedly under a lease agreement with Marija Crnkovic, who had since passed away. The defendant filed an exception to the plaintiffs' pleadings, challenging the legal basis of their claims.

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