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Harare High Court
Clipsham Views Housing Project v Emmanuel Vhudzijena
HH 854-17
Case Details
Court
Harare High Court
Date
29 December 2017
Citation
HH 854-17
Neutral Citation
[2017] ZWHH 854
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property LawReal RightsUnjustified Enrichment
Keywords
rei vindicatioevictionagreement of saletransfer of titleimprovement lienunjustified enrichment
Tags
rei vindicatioevictionproperty rightsimprovement lien
legislation
Statutes Cited
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a purchaser who has not taken transfer of title can institute rei vindicatio proceedings","issue_type":"legal","dispositive":"yes","related_facts":"Applicant purchased property but did not take transfer"}
- {"issue_text":"Whether respondent is entitled to an improvement lien over structures he built","issue_type":"legal","dispositive":"no","related_facts":"Respondent built structures while in possession under lease"}
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background
Facts of the Case
Background
The applicant purchased Lot 2 of Clipsham Farm from the Government of Zimbabwe on 9 December 2015 but did not take transfer of title. The respondent had been leasing a portion of the property since 1997/1998 and erected various structures including a brick yard, bar, restaurant, ablution facilities, garage and offices. The applicant sought to evict the respondent through rei vindicatio proceedings.
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