Simon Danga and Obert Danga and Nyararai Danga and Tinashe Danga and Nharingo Danga and Muringi Danga versus Nyashanu Mudyirapo (In her official capacity as the Executor of Estate late Ishmael Mudyirapo)

HH 168-24

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Case Details

Court

Harare High Court

Date

8 May 2024

Citation

HH 168-24

Neutral Citation

[2024] ZWHH 168

Outcome

unknown

Case Type

Application

Bench

Presiding

Wamambo J

Full Bench

Wamambo J

Areas of Law

Property LawCivil Procedure

Keywords

EvictionSummary JudgmentExecutorProperty TransferLapse of Summons

Key Issues

{"issue_text":"Whether summons lapsed under Practice Direction No. 1 of 2022","issue_type":"procedural","dispositive":"no","related_facts":"Summons issued in 2004, served within two years, no further steps taken for 18 years"}
{"issue_text":"Whether applicants entitled to summary judgment for eviction","issue_type":"mixed","dispositive":"yes","related_facts":"Registered ownership, respondent's occupation, alleged agreement of sale"}

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background

Facts of the Case

Background

Applicants, siblings who inherited Ranch 1090 Hampshire Estate Wilshire Chivhu from their deceased father, sought summary judgment for eviction of respondent who occupied the farm as relative of deceased Ishmael Mudyirapo. Respondent raised point in limine regarding lapse of summons and opposed on merits claiming agreement of sale.

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