Ashanti Goldfields Zimbabwe Limited t/a Freda Rebecca Mine v Joachim C Nguwo

HH 58-2012

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Case Details

Court

Harare High Court

Date

29 March 2012

Citation

HH 58-2012

Neutral Citation

[2012] ZWHH 58

Outcome

unknown

Case Type

Application

Bench

Presiding

Mutema J

Full Bench

Mutema J

Areas of Law

Property LawContract LawCivil Procedure

Keywords

summary judgmentevictionemployee housingsale vs leaseunconditional leave to defend

Key Issues

{"issue_text":"Whether the court should grant summary judgment for eviction","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought eviction claiming lease ended with employment"}
{"issue_text":"Whether the respondent has an arguable defence that a sale agreement exists","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent claims purchase price paid through rent-to-buy scheme"}
{"issue_text":"Whether an appeal lies from an order refusing summary judgment with unconditional leave to defend","issue_type":"law","dispositive":"no","related_facts":"Court dismissed summary judgment and granted unconditional leave"}

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background

Facts of the Case

Background

The applicant mining company sought to evict the respondent, a former employee, from company housing, claiming he was a tenant whose employment had terminated. The respondent contended he had purchased the house through a rent-to-buy scheme while employed, with full purchase price paid. The court found the respondent had an arguable defence that a sale agreement existed, distinguishing the facts from a Supreme Court precedent relied upon by the applicant.

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