Palatial Gold Investments (Private) Limited v Daniel Banda

HH 349-21

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Case Details

Court

Harare High Court

Date

7 July 2021

Citation

HH 349-21

Neutral Citation

[2021] ZWHH 349

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Property LawCivil Procedure

Keywords

EvictionDefault judgmentPre-trial conferenceHolding over damagesWrongful occupation

Key Issues

{"issue_text":"Whether it is competent to grant judgment by chamber application for eviction and holding over damages where defendant is in default","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant failed to appear at pre-trial conference; plaintiff sought default judgment for eviction and damages"}
{"issue_text":"Whether the court can grant eviction and holding over damages by default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Relief sought includes eviction and monthly damages of USD450"}

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background

Facts of the Case

Background

The plaintiff, owner of Colney House in Chakari, sought eviction of the defendant who was occupying the property without consent. The defendant claimed occupation rights based on an alleged employment contract, which the plaintiff denied. When the defendant failed to appear at the pre-trial conference, the plaintiff applied to strike out the defence and obtain default judgment.

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