Lilian Mapati v Priscilla Mandara and Saltana Enterprises (Pvt) Ltd and Dipcluff Investments (Pvt) Ltd

HH 138-21

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Case Details

Court

Harare High Court

Date

31 March 2021

Citation

HH 138-21

Neutral Citation

[2021] ZWHH 138

Outcome

unknown

Case Type

Application

Bench

Presiding

Foroma J

Full Bench

Foroma J

Areas of Law

Property LawCivil Procedure

Keywords

declaraturfrivolous and vexatiousprescriptionstand ownership

Key Issues

{"issue_text":"Whether the first respondent's claim in HC 1378/15 is frivolous and vexatious within the meaning of Order 11 Rule 75","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent's claim instituted in 2015, applicant's defence of prescription, disputes over ownership"}
{"issue_text":"Whether the defence of prescription is clearly sustainable","issue_type":"mixed","dispositive":"no","related_facts":"Transaction occurred in 2002, claim instituted in 2015, first respondent became aware of invasion in 2014"}
{"issue_text":"Whether the application seeks competent relief under Rule 75","issue_type":"procedural","dispositive":"no","related_facts":"Applicant seeks dismissal for want of prosecution"}

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Facts of the Case

Background

The applicant sought dismissal of the first respondent's claim in HC 1378/15 concerning ownership of Stand 7772 Belvedere West Harare, arguing the claim was frivolous and vexatious. The first respondent had purchased the stand in 2002 but the applicant occupied it from 2005. The applicant claimed the first respondent's case was prescribed and lacked merit.

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