Manfred Giese v Fred Andrews Enterprises (Pvt) Ltd and Andrew Nyamhunga and Focal Point College

HH 494-25

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Case Details

Court

Harare High Court

Date

2 September 2025

Citation

HH 494-25

Neutral Citation

[2025] ZWHH 494

Outcome

unknown

Case Type

Trial

Bench

Presiding

Musithu J

Full Bench

Musithu J

Areas of Law

Property LawCivil ProcedureContract Law

Keywords

EvictionRegistered ownershipJoint purchaseImprovementsPrescriptionRei vindicatio

Key Issues

{"issue_text":"Whether or not the 2nd defendant and the plaintiff jointly acquired the property.","issue_type":"fact","dispositive":"yes","related_facts":"Registered ownership, payment sources, second defendant’s letters"}
{"issue_text":"Whether or not the 2nd defendant suffered any damages.","issue_type":"fact","dispositive":"yes","related_facts":"Claims for lost income, improvements, protection fees"}
{"issue_text":"Whether or not the plaintiff is entitled to eject the defendants from the property.","issue_type":"law","dispositive":"yes","related_facts":"Ownership, lawful basis of occupation"}

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background

Facts of the Case

Background

The plaintiff, Manfred Giese, is the registered owner of a property in Harare which he purchased in 1995. He leased it to the first defendant company, of which the second defendant was a director. The second defendant occupied part of the property and later claimed it was jointly acquired. The plaintiff sought eviction of all defendants. The second defendant counterclaimed for a half-share or compensation, alleging joint purchase and improvements. The court found the plaintiff’s evidence more credible and dismissed the counterclaim.

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