Elizabeth Chidzambwa v Minister of Local Government Public Works and National Housing

[2022] ZWSC 64

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Case Details

Court

Supreme Court

Date

9 June 2022

Citation

[2022] ZWSC 64

Judgment No.

SC 64/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

BHUNU JA

Full Bench

BHUNU JAMATHONSI JAKUDYA JA

Areas of Law

Property LawCivil Procedure

Keywords

evictionprescriptiongovernment housingsale agreementholding over damages

Key Issues

{"issue_text":"Whether the respondent's claim for eviction and damages had prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Claim instituted in 2019, last offer made in 2005"}
{"issue_text":"Whether the appellant had lawfully purchased the house and was owner","issue_type":"mixed","dispositive":"yes","related_facts":"No signed agreement, payments described as rent"}
{"issue_text":"Whether the court a quo erred in awarding punitive costs","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's conduct in proceedings"}

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background

Facts of the Case

Background

The appellant, a former government employee, occupied government House No. 6, 26th Avenue Malbereign under a lease agreement. The respondent claimed eviction and holding over damages, alleging the appellant failed to validly accept offers to purchase the house and remained in unlawful occupation. The appellant claimed she had purchased the house and raised defences of prescription and lis pendens.

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