Marilyn Jean Baxter v Fungisai Chirochangu and Ronald Sunungurai Chirochangu

Key Issues

• {"issue_text":"Whether the court a quo erred in ordering eviction without considering section 74 of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Appellant was previous owner occupying the property"}
• {"issue_text":"Whether the court a quo erred in granting summary judgment for an illiquid claim of holding over damages","issue_type":"procedural","dispositive":"no","related_facts":"Damages claimed at $10,000 per month from 1 July 2019"}
• {"issue_text":"Whether holding over damages can be claimed in non-landlord-tenant disputes","issue_type":"law","dispositive":"no","related_facts":"Respondents were owners seeking damages from occupier"}
• {"issue_text":"Whether the court a quo erred in ordering payment from 1 July 2019","issue_type":"law/fact","dispositive":"no","related_facts":"Appellant disputed whether proper notice was given"}

Background