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Harare High Court
THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST versus ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and LEWIS GARABA and BARBRA KATONHA and RUDO MAPHOSA and JUNIOR MAVHIYAGUDO and MAJECHA TAPFUMANEYI
HH 267-2010
Case Details
Court
Harare High Court
Date
15 December 2010
Citation
HH 267-2010
Neutral Citation
[2010] ZWHH 267
Outcome
unknown
Case Type
Trial
Bench
Presiding
UCHENA J
Full Bench
UCHENA J
Areas of Law
Trust LawProperty LawCivil Procedure
Keywords
Trustee AppointmentTerm of OfficeValidity of ResolutionLocus StandiPerpetual Care
Tags
Trust LawEvictionDisability RightsLocus Standi
legislation
Statutes Cited
- Deed of Trust of the Leonard Cheshire Homes Zimbabwe Central Trust
- Deed of Trust of the Leonard Cheshire Homes Zimbabwe Central Trust
- Deed of Trust of the Leonard Cheshire Homes Zimbabwe Central Trust
- Deed of Trust of the Leonard Cheshire Homes Zimbabwe Central Trust
- Civil Evidence Act
- Civil Evidence Act
- Companies and Associations Trustees Act
- Companies and Associations Trustees Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the resolution to evict the defendants made on 26 July 2004 is valid when several trustees who participated in the decision had exceeded their five-year terms","issue_type":"law","dispositive":"yes","related_facts":"Trustees' expired terms, 26 July 2004 meeting"}
- {"issue_text":"Whether the plaintiff trustees have locus standi to prosecute the eviction claim","issue_type":"law","dispositive":"yes","related_facts":"Trustees' expired terms, improper appointment"}
- {"issue_text":"Whether a point of law regarding trustee validity can be raised during trial","issue_type":"procedural","dispositive":"no","related_facts":"Mr Chikwanha's testimony about term expiry"}
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background
Facts of the Case
Background
The plaintiffs, trustees of a trust for the disabled, sought to evict eight disabled defendants who were residents of the trust home. The defendants claimed they were promised lifetime accommodation. During trial, it was revealed that several trustees had exceeded their five-year terms, invalidating their resolutions to evict. The court found the eviction resolution invalid due to the trustees' lack of proper appointment.
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