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Harare High Court
Banket Trading Company (Private) Limited v Chipo Chikwenga
HH 538-24
Case Details
Court
Harare High Court
Date
20 November 2024
Citation
HH 538-24
Neutral Citation
[2024] ZWHH 538
Outcome
unknown
Case Type
Opposed Application
Bench
Presiding
DEMBURE J
Full Bench
DEMBURE J
Areas of Law
Property LawPrescription Law
Keywords
rei vindicatioprescriptionownershippossessionletter of demandmora debitoris
Tags
rei vindicatioprescriptionland ownershippossession without consent
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant’s claim for rei vindicatio had prescribed.","issue_type":"procedural","dispositive":"yes","related_facts":"Ownership date (1995), knowledge of occupation, lack of consent, no demand until 2023."}
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background
Facts of the Case
Background
The applicant, Banket Trading Company (Private) Limited, claimed ownership of a property in Lomagundi acquired via deed of grant on 13 April 1995. The respondent, Chipo Chikwenga, and her late husband had occupied the property since before 1995 and continued to do so after the applicant obtained title, without any lease or agreement. The applicant served a letter of demand on 20 April 2023 and filed this rei vindicatio application on 9 September 2024, nearly 29 years after acquiring ownership.
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