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Harare High Court
Gamuchirayi Mukandatsama v Matthew Wheeler & 3 Ors
HH 741-18
Case Details
Court
Harare High Court
Date
15 November 2018
Citation
HH 741-18
Neutral Citation
[2018] ZWHH 741
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Property LawCivil Procedure
Keywords
declaratory orderleaseattachmentsale in executionsection 14 High Court Act
Tags
declaratory orderlease agreementattachmentsale in execution
legislation
Statutes Cited
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant qualifies for a declaratory order under s 14 High Court Act","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is a lessee seeking to nullify attachment and sale"}
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background
Facts of the Case
Background
The applicant, a lessee of Stand No. 10138 Whitecliff South, Harare under a lease agreement with Prolific Life Homes since December 2012, sought a declaratory order to nullify the attachment and sale in execution of the property. The attachment was pursuant to a Magistrate's Court judgment in case HC 19320/16 obtained by Matthew Wheeler against the applicant's husband, Cartworth Machingauta.
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