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Masvingo High Court
Collet Moyo and 22 Others v SMM Holdings (Private) Limited (Under Reconstruction) t/a SMMH Properties
HMA 02-22
Case Details
Court
Masvingo High Court
Date
28 January 2022
Citation
HMA 02-22
Neutral Citation
[2022] ZWHMA 02-22
Outcome
unknown
Case Type
Appeal
Bench
Presiding
ZISENGWE J
Full Bench
ZISENGWE JWAMAMBO J
Areas of Law
Property LawLabour LawCivil Procedure
Keywords
evictioncompany houseslienretention rightreconstructionemployee benefits
Tags
evictionemployee housinglienreconstruction
legislation
Statutes Cited
- Reconstruction of State-Indebted Insolvent Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether appellants enjoy a debtor-creditor lien over company houses based on unpaid salaries","issue_type":"law","dispositive":"yes","related_facts":"Appellants owed substantial salaries; houses belong to respondent"}
- {"issue_text":"Whether respondent undertook to set off salary arrears against houses occupied by appellants","issue_type":"fact","dispositive":"no","related_facts":"Notice dated 18 September 2019; witness testimony about settlement plans"}
- {"issue_text":"Whether appellants have lawful right to retain possession pending payment of arrears","issue_type":"law","dispositive":"yes","related_facts":"Employment terminated; no written authorization for continued occupation"}
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background
Facts of the Case
Background
Former employees of SMM Holdings (under reconstruction) occupied company houses after termination of employment. They claimed right of retention based on unpaid salaries and alleged undertaking to offset arrears with houses. Respondent sought eviction. Magistrates court granted eviction, dismissed arrear rentals claim. Appellants appealed.
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