ARROLA TENDAI TAKUNDWA IDEHEN and OMOSOGINE RUDO IDEHEN and OSARETIN TANAKA FEMI IDEHEN and MAVIS SHORAI NZARA versus CECILIA KASHUMBA and TAFIRENYIKA KAMBARAMI

HH 517-21

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Case Details

Court

Harare High Court

Date

22 September 2021

Citation

HH 517-21

Neutral Citation

[2021] ZWHH 517

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Property lawDelictCivil procedure

Keywords

Property ownershipDamagesCause of actionException

Key Issues

{"issue_text":"Whether the summons discloses a cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"Summons contains only relief sought without factual basis"}
{"issue_text":"Whether the declaration discloses a cause of action against the second defendant","issue_type":"law","dispositive":"yes","related_facts":"No causal link between second defendant and 2006 building failure; second defendant had not acquired property by 2006"}

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background

Facts of the Case

Background

The plaintiffs claimed US$402,000 as damages for increased construction costs of 3 villas they intended to build on stand 553 Quinnington Township Borrowdale, alleging they could not build due to unlawful occupation by defendants. The property had been subject to protracted litigation since 1999 when the fourth plaintiff sold it to Dzingai Kashumba, leading to Supreme Court case SC18/18 which restored title to the plaintiffs.

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