Loveness Acxillia Ganda v Claudius Masuku and Ignatius Pamire and Stanley Mtetwa and The Sheriff N.O

HH 611-18

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Case Details

Court

Harare High Court

Date

4 October 2018

Citation

HH 611-18

Neutral Citation

[2018] ZWHH 611

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Manzunu J

Full Bench

Manzunu J

Areas of Law

Property LawCivil Procedure

Keywords

urgencyevictionstay of executionimprovements lienproperty ownership

Key Issues

{"issue_text":"Whether the application meets the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's delay in acting from 3 April to 8 May 2018"}
{"issue_text":"Whether applicant would suffer irreparable harm","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's claim for improvements and pending Supreme Court application"}

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background

Facts of the Case

Background

The applicant sought an urgent chamber application to stay her eviction from a property she purchased from the third respondent in 2014, claiming she was an innocent purchaser who had made improvements to the property. The first respondent claimed ownership, having purchased the property in 2003, and obtained judgment in HC 3716/16 transferring title to himself.

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