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Harare High Court
Forkpress Investments (Private) Limited v Thapelo Dube and Mr Gore and Matura Enterprises (Private) Limited
HH 86-21
Case Details
Court
Harare High Court
Date
3 February 2021
Citation
HH 86-21
Neutral Citation
[2021] ZWHH 86
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawContract LawArbitration
Keywords
evictionspoliationarbitration awardland developmentsham sale
Tags
evictionspoliationarbitration awardland development contract
legislation
Statutes Cited
- Arbitration Act [Chapter 7:15] (implied – not expressly named)
- High Court Act [Chapter 7:06]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondents' failure to attach power of attorney invalidates their notice of opposition","issue_type":"procedural","dispositive":"no","related_facts":"Respondents failed to attach power of attorney to notice of opposition"}
- {"issue_text":"Whether applicant is entitled to eviction of respondents from Lot 5","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant holds court order from registered arbitration award; respondents took possession without court order"}
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background
Facts of the Case
Background
The applicant and third respondent entered into a land development contract for subdivision of Merchiston Farm. After arbitration awarded portions of land to applicant, third respondent purportedly sold Lot 5 to first and second respondents who took possession during Christmas holidays, prompting this eviction application.
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