TSITSI VERONICA CHITAGU and EVERISTO CHITAGU v TAPSON STANLEY TOGARASEI DZVETERO and ANTONIA & DZVETERO LEGAL PRACTITIONERS and DAVID GARONGA and HAMILTON PROPERTY HOLDINGS
{"issue_text":"Whether the plaintiffs' claim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Eviction occurred in January 2013; summons issued in July 2017; previous proceedings in 2013"}
{"issue_text":"Whether the plaintiffs have locus standi to bring these proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Property not registered in plaintiffs' name at time of eviction; title restored in June 2017"}
{"issue_text":"Whether the fourth defendant is liable to pay any damages to the plaintiffs","issue_type":"law","dispositive":"no","related_facts":"Claim against fourth defendant withdrawn at hearing"}
{"issue_text":"Whether the plaintiffs are entitled to claim damages from the defendants and quantum thereof","issue_type":"law","dispositive":"no","related_facts":"All other issues"}
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Facts of the Case
Background
The plaintiffs were evicted from their property in January 2013 while it was registered in the fourth defendant's name. They claimed the property was fraudulently transferred and sought damages for unlawful eviction in 2017 after title was restored. The defendants raised special pleas that the claim had prescribed and that the plaintiffs lacked locus standi at the time of eviction.
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