Diana Kumbirai Makani v Getrude Hazvinei Makani

HH 209-12

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Case Details

Court

Harare High Court

Date

24 May 2012

Citation

HH 209-12

Neutral Citation

[2012] ZWHH 209

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Property lawEviction law

Keywords

EvictionProperty ownershipMatrimonial homeHolding over damages

Key Issues

{"issue_text":"Whether defendant has right to remain in occupation of plaintiff's property","issue_type":"mixed","dispositive":"yes","related_facts":"Property ownership, marital breakdown, no rental payments"}
{"issue_text":"Whether plaintiff is entitled to holding over damages","issue_type":"mixed","dispositive":"yes","related_facts":"Continued occupation without payment, damage to property"}
{"issue_text":"Quantum of holding over damages","issue_type":"mixed","dispositive":"no","related_facts":"USD 1500 monthly rate claimed, period from 2008"}

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background

Facts of the Case

Background

The plaintiff, a minor in 2001, had property registered in her name at No. 9 Dorset Road East, Avondale, Harare. Her father acquired it for her before marrying the defendant. The defendant moved into the property with the father in 2003. After marital breakdown in 2007, the father vacated but defendant remained. The plaintiff sued for eviction and holding over damages.

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