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Harare High Court
Balamanja Sepiso Made v Rainy River Investments (Pvt) Ltd
HH 375-25
Case Details
Court
Harare High Court
Date
27 June 2025
Citation
HH 375-25
Neutral Citation
[2025] ZWHH 375
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mambara J
Full Bench
Mambara J
Areas of Law
Property LawConstitutional Law
Keywords
actio rei vindicatioevictionland ownershipagencyestoppelSection 74 Constitution
Tags
rei vindicatioevictionland use agreementagencyestoppelconstitutional protection
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant has any lawful basis for possession","issue_type":"mixed","dispositive":"yes","related_facts":"LUA signed with unauthorized person, no plaintiff consent"}
- {"issue_text":"Whether Ambrose Made had actual or apparent authority","issue_type":"law","dispositive":"yes","related_facts":"No written authority, no prior dealings"}
- {"issue_text":"Whether plaintiff is estopped from denying authority","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's alleged silence, defendant's investment"}
- {"issue_text":"Whether eviction violates Section 74 Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Defendant is corporate entity, due process followed"}
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background
Facts of the Case
Background
The plaintiff, registered owner of Plot 11 Oatlands Road since 1999, sought eviction of defendant who occupied the property under a 2019 Land Use Agreement signed with plaintiff's late father. Defendant claimed perpetual occupation rights through agency or estoppel and invoked constitutional protection against arbitrary eviction.
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