Gwynne Anne Stevenson and Brian Stevenson v Maxwell Matsvimbo Sibanda

HH 187-12

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Case Details

Court

Harare High Court

Date

9 May 2012

Citation

HH 187-12

Neutral Citation

[2012] ZWHH 187

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Property LawContract Law

Keywords

evictionholding over damageslease breachproperty improvementsunjust enrichment

Key Issues

{"issue_text":"Whether defendant must be evicted from the property","issue_type":"mixed","dispositive":"yes","related_facts":"No valid lease agreement, continued occupation without payment"}
{"issue_text":"Whether defendant is liable to pay holding over damages","issue_type":"mixed","dispositive":"yes","related_facts":"Occupation without payment since 2007"}
{"issue_text":"What is the quantum of holding over damages","issue_type":"mixed","dispositive":"yes","related_facts":"Expert evidence on market rentals"}

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background

Facts of the Case

Background

The plaintiffs, husband and wife, sought eviction of the defendant from their property and holding over damages. The defendant had occupied the property under a lease agreement with the second plaintiff and later entered into a void sale agreement with the first plaintiff. After the sale agreement was declared illegal by the Supreme Court, the defendant continued occupying the property without paying rent since March 2007.

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