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Supreme Court
Eastlea Hospital (Private) Limited v Martha Ndoro & 8 Ors
SC 116/23
Case Details
Court
Supreme Court
Date
3 November 2023
Citation
SC 116/23
Neutral Citation
[2023] ZWSC 116
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Bhunu JA
Author
Mwayera JA
Full Bench
Bhunu JAKudya JAMwayera JA
Areas of Law
Property lawCivil procedure
Keywords
rei vindicatiosummary judgmentevictionstatutory tenancyownershipvacant possession
Tags
evictionrei vindicatiosummary judgmentlandlord and tenant
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether court a quo erred in upholding dismissal of summary judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant established ownership and respondents occupy without consent"}
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background
Facts of the Case
Background
The appellant, a hospital company, purchased property from an estate and inherited respondents as statutory tenants. After giving three months' notice to vacate for conversion to hospital use, respondents refused to leave. Appellant sought summary judgment for eviction in Magistrates' Court, which was refused on basis of pending High Court matter and material disputes of fact.
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