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Harare High Court
Ruth Foya v Captain Polite and Makari James and Milivic Housing Trust and Lilian Chitanga
HH 173-25
Case Details
Court
Harare High Court
Date
18 March 2025
Citation
HH 173-25
Neutral Citation
[2025] ZWHH 173
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Property lawCivil procedure
Keywords
Declaratory orderOwnership disputeMaterial dispute of factMotion proceedings
Tags
Property ownershipProperty disputeMotion proceedings
legislation
Statutes Cited
- No statutes were cited in this judgment
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there are material disputes of fact that cannot be resolved in motion proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Disputes over authenticity of documents, authority to sell, allocation of property"}
- {"issue_text":"Whether the applicant is entitled to the declaratory order sought","issue_type":"mixed","dispositive":"no","related_facts":"Claim of ownership, payment, agreement of sale"}
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background
Facts of the Case
Background
The applicant sought a declaratory order that she is the lawful owner of stand 1025 Strathaven, Harare, claiming to have purchased it from Milivic Housing Trust. The respondents disputed the authenticity of the sale agreement and raised material disputes of fact regarding the authority to sell and the genuineness of documents.
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