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Harare High Court
Clarkpayne Investments (Pvt) Ltd v Tanaka Power (Pvt) Ltd
HH 834-18
Case Details
Court
Harare High Court
Date
24 May 2018
Citation
HH 834-18
Neutral Citation
[2018] ZWHH 834
Outcome
unknown
Case Type
Application
Bench
Presiding
Zhou J
Full Bench
Zhou J
Areas of Law
Property LawCivil Procedure
Keywords
summary judgmentejectmentimmovable propertydeed of transferownershipsale in execution
Tags
summary judgmentejectmentproperty ownershipdeed of transfer
legislation
Statutes Cited
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether summary judgment should be granted for ejectment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant holds valid deed of transfer; respondent claims ownership without basis"}
- {"issue_text":"Whether respondent has established a bona fide defence","issue_type":"law","dispositive":"yes","related_facts":"Respondent claims ownership but has no deed; deed shows applicant as owner"}
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background
Facts of the Case
Background
The applicant, as registered owner of immovable property acquired through a sale in execution, sought ejectment of the respondent who occupied the property without consent. The respondent opposed the summary judgment application claiming to be the rightful owner despite the applicant holding a valid deed of transfer.
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