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Bulawayo High Court
National Housing Construction and Takemore Zibonda v Tshaneho Moyo
HB 179/21
Case Details
Court
Bulawayo High Court
Date
30 September 2021
Citation
HB 179/21
Neutral Citation
[2021] ZWHB 179
Outcome
unknown
Case Type
Appeal
Bench
Presiding
KABASA J
Full Bench
MAKONESE JKABASA J
Areas of Law
Property LawContract Law
Keywords
evictionownershipagreement of salepaymentcancellation
Tags
evictionproperty ownershipagreement of saledouble sale
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent proved she was the legal owner of the property","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement of sale, payment evidence, lack of title transfer"}
- {"issue_text":"Whether the respondent fulfilled the terms of the agreement of sale","issue_type":"fact","dispositive":"yes","related_facts":"Payment of only $1,080,000 against $4,430,000 purchase price"}
- {"issue_text":"Whether the respondent had legal standing to seek eviction","issue_type":"law","dispositive":"yes","related_facts":"No proof of ownership or title"}
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background
Facts of the Case
Background
The respondent sought eviction of the 2nd appellant from immovable property claiming to be the legal owner having purchased it from the 1st appellant. The 2nd appellant claimed he also purchased the same property from the 1st appellant. The court a quo granted eviction in favor of the respondent.
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