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Harare High Court
Erenius Kufakunesu Makwanya v Elizabeth Majondo
HH 66-13
Case Details
Court
Harare High Court
Date
17 July 2012
Citation
HH 66-13
Neutral Citation
[2013] ZWHH 66
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHITAKUNYE J
Full Bench
HLATSHWAYO JCHITAKUNYE J
Areas of Law
Property lawFamily law
Keywords
EvictionProperty transferDivorce orderMatrimonial homeDefault judgment
Tags
Property lawEvictionDivorce settlementProperty transfer
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent has a right to remain in occupation despite the appellant being registered owner","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant is registered owner; respondent has not received sale proceeds"}
- {"issue_text":"Whether the magistrate erred in interpreting the divorce order","issue_type":"law","dispositive":"no","related_facts":"Divorce order conditions for sale"}
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background
Facts of the Case
Background
The appellant purchased property from John Efremu, who had been divorced from the respondent. The divorce order required the property to be sold only when certain conditions were met, including when the youngest child turned 18. The appellant obtained transfer through a default judgment, then sought eviction of the respondent who remained in occupation.
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