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Harare High Court

Shepherd Zengwe and Primrose Zengwe v Maria A. Shangu and Lameck Wine

HH 180-17

Case Details

Court
Harare High Court
Date
22 March 2017
Citation
HH 180-17
Neutral Citation
[2017] ZWHH 180
Outcome
unknown
Case Type
Trial

Bench

Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Property lawContract lawFamily law
Keywords
EvictionCessionSale agreementCustomary marriagePrivity of contract
Tags
EvictionProperty rightsContract lawCustomary marriage
legislation
Statutes Cited
  • Matrimonial Causes Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the first defendant, who was not a party to the sale agreement between her husband and the second defendant, has locus standi to challenge the subsequent sale to the plaintiffs","issue_type":"law","dispositive":"yes","related_facts":"First defendant's name not in original agreement; she acted as agent for husband"}
  • {"issue_text":"Whether the plaintiffs, having obtained cession through default judgment, are entitled to evict the first defendant","issue_type":"law","dispositive":"yes","related_facts":"Default judgment granted against second defendant; cession completed"}
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background
Facts of the Case

Background

The plaintiffs purchased a stand from the second defendant and sought eviction of the first defendant who was occupying it. The first defendant claimed she had rights to the property through her husband who had originally purchased it from the second defendant in 2004, though the agreement was in her husband's name only.
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