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Harare High Court
Nyarai Hwaire v Machona Francis Mugandani and 3 Others
HH 105-2005
Case Details
Court
Harare High Court
Date
25 November 2005
Citation
HH 105-2005
Neutral Citation
[2005] ZWHH 105
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAKARAU J
Full Bench
MAKARAU J
Areas of Law
Property lawEviction law
Keywords
EvictionHolding over damagesProperty transferCounterclaim
Tags
EvictionProperty transferCounterclaim
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the second and third defendants are entitled to eviction of the plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Counterclaim for eviction, property transfer"}
- {"issue_text":"Whether the second and third defendants are entitled to holding over damages","issue_type":"mixed","dispositive":"yes","related_facts":"No evidence led on quantum of damages"}
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background
Facts of the Case
Background
The plaintiff claimed against the defendants regarding a property. The second and third defendants counterclaimed for eviction of the plaintiff and holding over damages. The court had previously dismissed the plaintiff's claim but failed to address the counterclaim in its initial judgment.
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