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Harare High Court
Coswell Trust v Rachel Chirimumarara
HH 592-23
Case Details
Court
Harare High Court
Date
31 October 2023
Citation
HH 592-23
Neutral Citation
[2023] ZWHH 592
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Property LawFamily Law
Keywords
rei vindicatioevictionmatrimonial homedonationcorporate personality
Tags
EvictionProperty LawMatrimonial RightsCorporate Veil
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"Deponent authority challenged"}
- {"issue_text":"Whether there are material disputes of fact incapable of resolution on papers","issue_type":"procedural","dispositive":"no","related_facts":"Disputed facts regarding occupation rights"}
- {"issue_text":"Whether the applicant is entitled to evict the respondent based on rei vindicatio","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant holds title, respondent occupies property"}
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background
Facts of the Case
Background
The applicant trust, registered owner of Stand 17788 Watermeyer Road, Belvedere, Harare, sought eviction of the respondent who occupied the property. The respondent claimed she had occupation rights through her marriage to Costain Meda who allegedly donated the property to the trust behind her back.
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