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Harare High Court

Shillah Manyewu (in her capacity as the Executrix Dative of Estate Late Sharai Chizema DR number 2309/19) and Jackson Chikoore v Calvin Mpofu and Minister of National Housing & Social Amenities and Arosume Property Investments (Pvt) Ltd and Sally Mugabe Housing Cooperative and The Registrar of Deeds N.O and The Surveyor General N.O

HH 197-23

Case Details

Court
Harare High Court
Date
21 March 2023
Citation
HH 197-23
Neutral Citation
[2023] ZWHH 197
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Property LawInterdictsEstate Law
Keywords
InterdictProperty transferEstateCaveatUrgent application
Tags
Property disputeInterdictUrgent applicationEstate matter
legislation
Statutes Cited
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application is urgent given the timeline of events","issue_type":"procedural","dispositive":"no","related_facts":"Applicants became aware of transfer in November 2022/January 2023, filed application on 10 March 2023"}
  • {"issue_text":"Whether there was fatal miscitation of second and third respondents","issue_type":"procedural","dispositive":"no","related_facts":"Second respondent cited as Minister of National Housing instead of Minister of Local Government Public Works and National Housing; Third respondent cited as Arosume Property Investments instead of Arosume Property Development"}
  • {"issue_text":"Whether second applicant has locus standi as a tenant","issue_type":"procedural","dispositive":"yes","related_facts":"Second applicant is a tenant, his maize crop was slashed"}
  • {"issue_text":"Whether applicant has established a prima facie right to the property","issue_type":"mixed","dispositive":"no","related_facts":"Late Chizema allocated property in 2002, built house in 2007, transfer to first respondent in 2022"}
  • {"issue_text":"Whether there is apprehension of irreparable harm","issue_type":"mixed","dispositive":"no","related_facts":"First respondent showing property to prospective purchasers, pending litigation"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants sought an urgent interdict to prevent the first respondent from dealing with Stand 226 Carrick Creagh Township, Borrowdale, Harare, which was transferred to him on 25 November 2022. The first applicant, as executrix of the late Sharai Chizema's estate, claims the property was allocated to the deceased in 2002. The second applicant is a tenant on the property. The application was prompted by events in March 2023 when the first respondent's agents visited the property with prospective purchasers and began clearing the land.
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