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Supreme Court
Bariade Investments (Private) Limited v Tendai Mashamhanda
SC 60/24
Case Details
Court
Supreme Court
Date
28 March 2024
Citation
SC 60/24
Neutral Citation
[2024] ZWSC 60
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKONI JA
Full Bench
BHUNU JAMAKONI JAMUSAKWA JA
Areas of Law
Property LawCivil Procedure
Keywords
rei vindicatiolis pendensSupreme Court judgmentConstitutional Courtevictionstay of execution
Tags
Property disputeEvictionLis pendensConstitutional Court application
legislation
Statutes Cited
- Supreme Court Act
- Constitutional Court Act
- High Court Act
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court erred in removing the matter from the roll on grounds of lis pendens","issue_type":"procedural","dispositive":"yes","related_facts":"Same parties involved in High Court and Constitutional Court matters"}
- {"issue_text":"Whether the High Court's decision effectively suspended the Supreme Court judgment","issue_type":"law","dispositive":"yes","related_facts":"High Court removed eviction application pending Constitutional Court determination"}
- {"issue_text":"Whether the law requires strict application of rei vindicatio","issue_type":"law","dispositive":"no","related_facts":"Appellant sought eviction based on ownership rights"}
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background
Facts of the Case
Background
The appellant company obtained ownership of a property through a Supreme Court judgment (SC 24/22) and sought to evict the respondent. The High Court removed the eviction application from the roll pending determination of the respondent's Constitutional Court application (CCZ 12/22) concerning the same property.
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