Albert Chitumba and Thadius Chadenga and Divine Homes (Private) Limited and Tendayi K Chadyiwa and Marita M Chadyiwa

HH 41-23

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Case Details

Court

Harare High Court

Date

23 January 2023

Citation

HH 41-23

Neutral Citation

[2023] ZWHH 41

Outcome

unknown

Case Type

Application

Bench

Presiding

CHINAMORA J

Full Bench

CHINAMORA J

Areas of Law

Property LawContract Law

Keywords

vindicationevictionencroachmentlocus standiprivity of contractagreement of sale

Key Issues

{"issue_text":"Whether the applicant has locus standi to bring vindication and eviction proceedings when he was not a party to the agreement of sale","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not sign agreement; daughter signed as purchaser"}

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background

Facts of the Case

Background

The applicant sought vindication and eviction of the first respondent from a property, claiming he purchased it through his daughter. The first respondent opposed the application, arguing the applicant lacked locus standi as he was not a party to the agreement of sale, which was signed by his daughter Bernadette Tuso.

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