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Harare High Court

Hamilton Property Holdings (Private) Limited vs Selina Musarurwa

HH 177-25

Case Details

Court
Harare High Court
Date
19 March 2025
Citation
HH 177-25
Neutral Citation
[2025] ZWHH 177
Outcome
unknown
Case Type
Application

Bench

Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Property LawCivil Procedure
Keywords
EvictionProperty ownershipTransfer of titleSpecific performance
Tags
EvictionProperty DisputeRei Vindicatio
legislation
Statutes Cited
  • NONE
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there exists a material dispute of facts that cannot be resolved on the papers","issue_type":"procedural","dispositive":"no","related_facts":"Validity of agreement of sale, nature of transaction"}
  • {"issue_text":"Whether there was material non-joinder requiring citation of the estate of the late Cyprian Musarurwa","issue_type":"procedural","dispositive":"no","related_facts":"Nature of eviction proceedings"}
  • {"issue_text":"Whether the applicant has satisfied the requirements for rei vindicatio","issue_type":"law","dispositive":"yes","related_facts":"Ownership, possession, lawful defense"}
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background
Facts of the Case

Background

Applicant Hamilton Property Holdings purchased Stand 282 Chadcombe Township from the late Cyprian Musarurwa for US$21,700. After obtaining a court order for specific performance in HC 9593/19, the property was transferred to applicant in November 2023. Respondent Selina Musarurwa, widow of the deceased, refuses to vacate the property, claiming the sale was actually a loan security arrangement.
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