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Harare High Court
Samuel Makumbe v M.V. Mooljee & Sons (Pvt) Ltd & Anor
HH 152-18
Case Details
Court
Harare High Court
Date
20 March 2018
Citation
HH 152-18
Neutral Citation
[2018] ZWHH 152
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Property LawContract LawAgency Law
Keywords
eviction orderproperty saleunauthorized agentfraudulent transactionvacant possession
Tags
evictionproperty saleagencyfraudulent transaction
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the second respondent was authorized to sell the property to the applicant on behalf of the first respondent","issue_type":"law","dispositive":"yes","related_facts":"No company resolution authorizing sale; payments made to second respondent's companies"}
- {"issue_text":"Whether the applicant paid the purchase price to the rightful owner","issue_type":"fact","dispositive":"yes","related_facts":"Payments made to Perchant Enterprises and Future Real Estate, not first respondent"}
- {"issue_text":"Whether the provisional order staying execution should be confirmed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's deficient case; lack of authority; improper payment"}
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background
Facts of the Case
Background
The applicant sought confirmation of a provisional order staying execution of an eviction order. The first respondent had obtained an eviction order against the second respondent for property stand 1092 Umtali Township, claiming the applicant occupied through the second respondent. The applicant claimed he purchased directly from the first respondent through the second respondent as agent, paid full purchase price, and received vacant possession in June 2012.
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