Loveness Kudzanga v Godfrey Kudzanga & 2 Ors

HH 485-13

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Case Details

Court

Harare High Court

Date

12 December 2013

Citation

HH 485-13

Neutral Citation

[2013] ZWHH 485

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mawadze J

Full Bench

Mawadze J

Areas of Law

Property LawFamily LawContract Law

Keywords

DonationImmovable propertyJoint ownershipEvictionMatrimonial property

Key Issues

{"issue_text":"Whether there was a valid donation of immovable property by verbal means","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged verbal donation at wedding ceremony, joint ownership by first defendant and wife"}
{"issue_text":"Whether plaintiff proved her contributions to property improvements","issue_type":"fact","dispositive":"no","related_facts":"Receipts produced, money sent from UK, photographs of construction"}
{"issue_text":"Whether first defendant can evict plaintiff from jointly owned property","issue_type":"law","dispositive":"yes","related_facts":"Joint ownership, absence of donation, notice to vacate"}

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background

Facts of the Case

Background

The plaintiff, married to the first defendant's son, claimed that the first defendant donated a residential stand to her and her husband as a wedding gift in 1999. She sought transfer of ownership or alternatively compensation for improvements made. The first defendant denied making any donation and counterclaimed for eviction.

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