Clifford Manungo and Tanaka Manungo vs Paul Sibusiso Mtazu and Decide Tanyardzwa Kutyauroipo and Assistant Master of the High Court, Harare (NO) and Deputy Sheriff Bulawayo (NO) and Registrar of Deeds, Bulawayo (NO)

HB 44/22

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Case Details

Court

Bulawayo High Court

Date

17 February 2022

Citation

HB 44/22

Neutral Citation

[2022] ZWHB 44

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Makonese J

Full Bench

Makonese J

Areas of Law

Property LawCivil ProcedureUrgent Applications

Keywords

Urgent chamber applicationRestoration of occupationImmovable propertyEvictionSpoliationPoints in limine

Key Issues

{"issue_text":"Whether the urgent application met the requirements for urgency under the Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' delay in filing application after knowing of sale and eviction"}
{"issue_text":"Whether the order sought was competent at law","issue_type":"procedural","dispositive":"yes","related_facts":"Eviction had already occurred, seeking restoration of possession already lost"}
{"issue_text":"Whether applicants non-disclosure of material facts warranted dismissal","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to disclose full eviction had occurred"}

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background

Facts of the Case

Background

Applicants sought urgent restoration of occupation of stand number 206 Matsheumhlophe Township, Bulawayo after being evicted following a court order in case HC 4751/21. The property was sold to 1st respondent by 2nd respondent, but applicants claimed they had purchased it from Gamuchirai Lilosa Madondo in March 2018. The court dismissed the application on procedural grounds.

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