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Harare High Court

Assa Makovere v Elizabeth Murove and Wilfred Murove (The late) Elizabeth Murove v Assa Makovere

HH 385-2012

Case Details

Court
Harare High Court
Date
28 September 2012
Citation
HH 385-2012
Neutral Citation
[2012] ZWHH 385
Outcome
unknown
Case Type
Trial

Bench

Presiding
BERE J
Full Bench
BERE J
Areas of Law
Property lawLandlord and tenant lawContract law
Keywords
EvictionRental arrearsImprovementsTenant's lienHolding over damages
Tags
Landlord and tenantEvictionImprovements to propertyRental arrears
legislation
Statutes Cited
  • No statutes were cited in this judgment. The court relied entirely on common law principles and case precedents.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there was a valid contract for defendants to purchase plaintiff a stand in exchange for improvements","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged agreement in 2000, completion of improvements in 2001"}
  • {"issue_text":"Whether plaintiff has a right to resist eviction based on alleged improvements","issue_type":"law","dispositive":"yes","related_facts":"Improvements allegedly made, continued occupation since 2006 without payment"}
  • {"issue_text":"Whether plaintiff is liable for rental and utility arrears","issue_type":"fact","dispositive":"no","related_facts":"Non-payment since June 2006, undisputed amount of US$6,015"}
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background
Facts of the Case

Background

The plaintiff, a tenant since 2000, claimed the defendants promised to buy him a residential stand if he made improvements to their property. After completing improvements, defendants allegedly reneged. Defendants denied any such agreement and claimed plaintiff owed US$6,015 in unpaid rentals and utilities since 2006.
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