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Harare High Court
Charles Mike v Maggio Centre (Pvt) Ltd
HH 51-22
Case Details
Court
Harare High Court
Date
27 January 2022
Citation
HH 51-22
Neutral Citation
[2022] ZWHH 51
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Tsanga J
Full Bench
Tsanga JMaxwell J
Areas of Law
Property LawCivil Procedure
Keywords
evictionsummary judgmentspecial plealocus standiname variation
Tags
evictionsummary judgmentname discrepancylocus standi
legislation
Statutes Cited
- Magistrates Court (Civil) Rules, 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the magistrate erred in granting summary judgment when appellant demonstrated a bona fide defence","issue_type":"procedural","dispositive":"no","related_facts":"Appellant claimed he wanted to file special plea on locus standi"}
- {"issue_text":"Whether the court erred in granting relief in favour of a non-existing entity due to name discrepancy","issue_type":"procedural","dispositive":"no","related_facts":"Name written as \"Maggio Centre (Pvt) Ltd\" vs \"Maggiocentre Pvt Ltd\""}
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background
Facts of the Case
Background
The respondent sued the appellant for eviction from Stand No. 11740A Harare Road, Mbare where appellant had provided security services. After terminating his services in November 2015, respondent sought eviction. Appellant refused to vacate and claimed respondent was improperly cited as "Maggio Centre (Pvt) Ltd" instead of "Maggiocentre Pvt Ltd". Magistrate granted summary judgment; appellant appealed.
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