SMM Holdings (Pvt) Ltd and Afaras Mtausi Gwaradzimba v Manyika Sigauke

HB 124/24

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Case Details

Court

Bulawayo High Court

Date

19 September 2024

Citation

HB 124/24

Neutral Citation

[2024] ZWHB 124

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Property LawCivil Procedure

Keywords

evictionprescriptionlis pendensrei vindicatioownershipimmovable property

Key Issues

{"issue_text":"Whether the defence of lis pendens is available where the previous case has lapsed","issue_type":"procedural","dispositive":"no","related_facts":"HC 2719/19 lapsed in terms of Practice Direction 1 of 2022"}
{"issue_text":"Whether prescription applies to an action for rei vindicatio","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff suing to recover its property from illegal occupation"}

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background

Facts of the Case

Background

The defendant, a former employee of the plaintiff, continued to occupy company property allocated as a condition of service after resignation in 2013. The plaintiff sued for eviction in 2024. The defendant raised special pleas of prescription and lis pendens.

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