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Harare High Court
PAINA MACHIDZA versus MSASA PARK (PVT) LIMITED
HH 286-24
Case Details
Court
Harare High Court
Date
10 July 2024
Citation
HH 286-24
Neutral Citation
[2024] ZWHH 286
Outcome
unknown
Case Type
Application
Bench
Presiding
MUCHAWA J
Full Bench
MUCHAWA J
Areas of Law
Property LawCivil Procedure
Keywords
Land donationZANU PFLocus standiPrescriptionMaterial disputes of factEviction orders
Tags
Land donationLocus standiPrescriptionMaterial disputes of fact
legislation
Statutes Cited
- Prescription Act
- High Court Act
- Regional, Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have locus standi to bring proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants claim through donation to ZANU PF, not direct beneficiaries"}
- {"issue_text":"Whether the claim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Donation allegedly made in 2012, claim filed much later"}
- {"issue_text":"Whether there are material disputes of fact incapable of resolution on papers","issue_type":"procedural","dispositive":"yes","related_facts":"Multiple factual disputes about donation, authority, and allocations"}
- {"issue_text":"Whether deponent to respondent's affidavit had authority to represent company","issue_type":"procedural","dispositive":"no","related_facts":"Company resolution requirement when authority challenged"}
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background
Facts of the Case
Background
Applicants claim land was donated to ZANU PF Mukuvisi Tashinga District in 2012, they were allocated stands, but respondent now demands market price for the land. Respondent denies donation and claims applicants are illegal occupiers who bought from land barons.
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