Everson Musimbira v Tendai Nyahoja

HH 166-2011

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Case Details

Court

Harare High Court

Date

18 August 2011

Citation

HH 166-2011

Neutral Citation

[2011] ZWHH 166

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Guvava J

Full Bench

Guvava JChitakunye J

Areas of Law

Property lawCivil procedure

Keywords

evictioncouncil propertylease to buyproperty ownershipinterlocutory order

Key Issues

{"issue_text":"Whether an appeal lies against an interlocutory order granting leave to execute pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent was granted leave to execute the eviction order pending appeal"}
{"issue_text":"Whether Ephraim Musimbira legally purchased the property from Zvimba Rural District Council","issue_type":"mixed","dispositive":"no","related_facts":"Joseph died in 1982; lease-to-buy scheme introduced in 1999; council sold to Ephraim in 2001"}
{"issue_text":"Whether appellant had rights as sitting tenant to challenge the sale","issue_type":"mixed","dispositive":"no","related_facts":"Appellant claimed to be sitting tenant who made payments; no evidence of council recognizing appellant as tenant"}

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background

Facts of the Case

Background

The dispute concerns house 255 Kuwadzana Township, Banket. The late Joseph Musimbira leased the property from Zvimba Rural District Council until his death in 1982. After a lease-to-buy scheme was introduced in 1999, the council sold the property to Ephraim Musimbira in 2001, who then sold it to the respondent in 2002. The appellant, who had been living on the property, claimed ownership rights and refused to vacate.

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