Margaret Mavurudza v City of Harare

HH 139-13

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Case Details

Court

Harare High Court

Date

8 May 2013

Citation

HH 139-13

Neutral Citation

[2013] ZWHH 139

Outcome

unknown

Case Type

Application

Bench

Presiding

Mathonsi J

Full Bench

Mathonsi J

Areas of Law

Property lawContract lawDelict

Keywords

Lease agreementKiosk demolitionCompensationDispute of fact

Key Issues

{"issue_text":"Whether there are serious disputes of fact that cannot be resolved on affidavit requiring the matter to proceed by way of trial","issue_type":"procedural","dispositive":"yes","related_facts":"Disputed existence of compensation agreement, disputed quantum of damages"}
{"issue_text":"Whether an agreement existed between parties for compensation through transfer of stand 19247","issue_type":"mixed","dispositive":"no","related_facts":"Correspondence between parties, recommendations by officials"}
{"issue_text":"Whether the quantum of damages of US$18,862 has been proved","issue_type":"factual","dispositive":"no","related_facts":"Applicant's quantification of damages, respondent's denial"}

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background

Facts of the Case

Background

The applicant sought an order compelling the respondent to transfer a stand as compensation for the unlawful demolition of her kiosk, or alternatively payment of US$18,862 in damages. The respondent denied entering into any agreement to compensate the applicant through transfer of a stand.

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