Charlton Moyo v Martin Zuze

HB 105/19

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Case Details

Court

Bulawayo High Court

Date

11 July 2019

Citation

HB 105/19

Neutral Citation

[2019] ZWHB 105

Outcome

unknown

Case Type

Trial

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Property LawCivil Procedure

Keywords

evictionsale in executionregistered ownershipMessenger of Courtholdover damages

Key Issues

{"issue_text":"Whether the defendant has any defence at law against an order for eviction by the registered owner","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff is registered owner; all challenges to sale dismissed"}

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background

Facts of the Case

Background

The plaintiff purchased the defendant's property through a private treaty sale by the Messenger of Court following attachment in execution of a monetary judgment. After transfer was registered, the defendant refused to vacate, leading to this eviction action. The defendant challenged the validity of the sale but this challenge was dismissed.

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