Christmas Musoni v Naboth Jokonoko and Shurugwi Town Council

HH 45-2010

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Case Details

Court

Harare High Court

Date

17 March 2010

Citation

HH 45-2010

Neutral Citation

[2010] ZWHH 45

Outcome

unknown

Case Type

Trial

Bench

Presiding

Chitakunye J

Areas of Law

Property LawContract Law

Keywords

Lease-to-buyCessionHomeownership schemeDouble allocationProperty transfer

Key Issues

{"issue_text":"Whether Dickson Katerere was the owner or a mere tenant of the house in dispute","issue_type":"mixed","dispositive":"no","related_facts":"Nature of Katerere's agreement with council"}
{"issue_text":"Whether Dickson Katerere's rights and interests were transferred to and registered in the plaintiff's name","issue_type":"mixed","dispositive":"yes","related_facts":"Cession forms signed at council offices"}
{"issue_text":"Whether the plaintiff is entitled to the relief sought","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's unchallenged evidence"}

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background

Facts of the Case

Background

The plaintiff claimed ownership of house number 360 Makusha Township, Shurugwi, which he alleged was ceded to him in 1981 after purchasing rights from Dickson Katerere under a lease-to-buy agreement. The first defendant occupied the house from 1987 and was later registered as the owner in 2000. The second defendant, Shurugwi Town Council, failed to appear at trial.

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