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Harare High Court

Gomo Mashonga v Enock Nyajeka

HH 267-11

Case Details

Court
Harare High Court
Date
8 November 2011
Citation
HH 267-11
Neutral Citation
[2011] ZWHH 267
Outcome
unknown
Case Type
Appeal

Bench

Presiding
MAKONESE J
Full Bench
MAKONESE JMAVANGIRA J
Areas of Law
Property lawCivil procedure
Keywords
House sale agreementSummary judgmentPrescriptionJurisdiction
Tags
Property disputeSummary judgmentAppeal
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the learned Magistrate erred in finding that proceedings in case No 09/07 were valid","issue_type":"procedural","dispositive":"no","related_facts":"Parties had joined issue in case number 451/04"}
  • {"issue_text":"Whether the Magistrate had jurisdiction to grant summary judgment","issue_type":"procedural","dispositive":"no","related_facts":"Agreement was held to be binding by magistrate"}
  • {"issue_text":"Whether the learned Magistrate was biased","issue_type":"procedural","dispositive":"no","related_facts":"No details of alleged bias provided"}
  • {"issue_text":"Whether the defence of prescription should have been available to the appellant","issue_type":"law","dispositive":"yes","related_facts":"Defence was not properly articulated before magistrate"}
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background
Facts of the Case

Background

The appellant sold his rights in house number 656 Chikonohono Township, Chinhoyi to the respondent for $90,000 on 29 July 1999. The appellant later refused to honour the agreement, leading the respondent to obtain summary judgment in the Chinhoyi Magistrates Court.
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