Barriade Investment (Pvt) Ltd v Tendai Mashamhanda

HH 637-23

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Case Details

Court

Harare High Court

Date

29 November 2023

Citation

HH 637-23

Neutral Citation

[2023] ZWHH 637

Outcome

unknown

Case Type

Application

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Property LawConstitutional Law

Keywords

rei vindicatioevictionproperty ownershipimprovementscompensationfraud allegations

Key Issues

{"issue_text":"Whether pending constitutional application suspends Supreme Court judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Constitutional Court application CCZ 12/22 was dismissed"}
{"issue_text":"Whether fraud allegations affect applicant's title to property","issue_type":"mixed","dispositive":"no","related_facts":"Allegations of forged power of attorney by third party Chaza"}
{"issue_text":"Whether respondent's improvements create constitutional right to compensation under s 71","issue_type":"constitutional","dispositive":"no","related_facts":"Respondent claims US$1.5 million in improvements"}

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background

Facts of the Case

Background

The applicant purchased property at a judicial auction in September 2017 and was transferred ownership on 5 May 2022. The respondent occupies the property after purchasing it fraudulently from the previous owner. The Supreme Court had previously ruled in favor of the applicant's ownership, but the respondent refused to vacate despite having no valid right to possession.

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