Chirinda v Van Der Merwe & Anor

HH 51-13

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Case Details

Court

Harare High Court

Date

19 February 2013

Citation

HH 51-13

Neutral Citation

[2013] ZWHH 51

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHIWESHE JP

Full Bench

CHIWESHE JP

Areas of Law

Property LawCivil Procedure

Keywords

EvictionPrescriptionGazetted LandOffer LetterLocus Standi

Key Issues

{"issue_text":"Whether the plaintiff's claim for eviction has prescribed under the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff accepted offer in 2005, summons served 2011, Supreme Court clarified law in 2010"}

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background

Facts of the Case

Background

The plaintiff, holder of an offer letter for Reinfield Farm gazetted land, sought eviction of the first defendant who remained in occupation. The first defendant raised prescription as a defence, arguing the claim was a debt that became due in 2005 when the plaintiff accepted the offer letter, and more than three years had passed before summons was served in 2011.

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