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Harare High Court
Donald Charles Fernoughty v Nathan Chataika & Anor and Max Management (Private) Limited and Milton Gardens Association
HH 04-22
Case Details
Court
Harare High Court
Date
12 January 2022
Citation
HH 04-22
Neutral Citation
[2022] ZWHH 04
Outcome
unknown
Case Type
Application
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Property LawCivil Procedure
Keywords
PrescriptionSpecial pleaProperty occupationCause of actionPrescription interruption
Tags
Property disputePrescriptionSpecial pleaEviction
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"When did the cause of action arise for prescription purposes?","issue_type":"mixed","dispositive":"yes","related_facts":"Discovery of occupation in September 2010; construction activities in January 2021"}
- {"issue_text":"Was there judicial interruption of prescription by HC 6275/13?","issue_type":"law","dispositive":"no","related_facts":"First Defendant filed declarator on 2 August 2013; prescription would expire 7 September 2013"}
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background
Facts of the Case
Background
Plaintiff claimed eviction of first defendant from his property and damages for structures erected. First defendant raised a special plea of prescription, arguing plaintiff discovered the occupation in September 2010 but only acted in 2021. Plaintiff argued prescription was interrupted by previous litigation and that fresh interference occurred in January 2021.
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