Clever Garikai Tsikwa v Stephen Nyagura and Molly Laurencia Tanyaradzwa and The Registrar of Deeds N.O

HMT 22-21

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Case Details

Court

Mutare High Court

Date

29 April 2021

Citation

HMT 22-21

Neutral Citation

[2021] ZWHMT 22

Outcome

unknown

Case Type

Application

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA J

Areas of Law

Property LawServitudes

Keywords

servitude of right of waylandlocked plotnecessity vs conveniencepraedial servitude

Key Issues

{"issue_text":"Whether the applicant is entitled to a servitude of right of way through Plot 2","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's landlocked status, blocking of previous access routes, inconvenience of Plot 1 route"}

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background

Facts of the Case

Background

The applicant, allocated Plot 4 of Rufaro Farm in 2006 under the Land Reform Programme, sought a servitude of right of way through Plot 2 owned by the first and second respondents to access his landlocked property. The respondents opposed, arguing the applicant already had access through Plot 1 and was seeking convenience rather than necessity.

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