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Masvingo High Court

Mike Mutumhe vs City of Masvingo

HMA 08-21, HC 435-19

Case Details

Court
Masvingo High Court
Date
5 February 2021
Citation
HMA 08-21, HC 435-19
Neutral Citation
[2021] ZWHMA 08
Judgment No.
HMA 08-21
Outcome
unknown
Case Type
Opposed Application

Bench

Presiding
Wamambo J
Full Bench
Wamambo J
Areas of Law
Property LawContract LawCivil Procedure
Keywords
PrescriptionProperty AgreementLeaseEvictionSpecial Plea
Tags
Property LawContract LawPrescription
legislation
Statutes Cited
  • Prescription Act
  • Prescription Act
  • Urban Councils Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether plaintiff's claim is barred by prescription under the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"November 2016 acknowledgment, 2010 repossession notice"}
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background
Facts of the Case

Background

In 1997, plaintiff Mike Mutumhe entered into a lease agreement with City of Masvingo for Stand 4334 Westview Industrial Area, with an option to purchase. The plaintiff failed to build structures within the agreed timeframe, and the defendant repossessed the property in 2010. The plaintiff was evicted in 2017 and seeks to enforce the agreement and be declared lawful owner.
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