City of Harare v Edward William

HH 66-22

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Case Details

Court

Harare High Court

Date

9 February 2022

Citation

HH 66-22

Neutral Citation

[2022] ZWHH 66

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Tsanga J

Author

Maxwell J

Full Bench

Tsanga JMaxwell J

Areas of Law

Property LawEviction LawLandlord and Tenant

Keywords

evictiontenancylease agreementstatutory tenancyproperty ownership

Key Issues

{"issue_text":"Whether the lower court erred in finding that appellant failed to prove its case on balance of probabilities despite respondent having no valid lease agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Lack of valid lease agreement, ownership by appellant"}
{"issue_text":"Whether the lower court erred in relying on name \"Elina Elina\" appearing on water slips to conclude appellant failed to prove its case","issue_type":"fact","dispositive":"yes","related_facts":"Identity confusion between Elina Elina and Asina Black"}

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background

Facts of the Case

Background

City of Harare appealed against a magistrate's court decision dismissing its claim for eviction of Edward William from premises at 616 Muonde Road, Mufakose, Harare. The premises were previously leased to Alina Matenga (also known as Elina Elina) but the lease was cancelled. Edward William and his mother Asina Black (deceased) were occupying the premises illegally without a valid lease agreement with the appellant.

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