J. Mambara N.O. (in his capacity as executor dative of the estate of the late Wilson Madziva) v Caroline Kunaka and Bobby Samasuwo Mangodza and Minister of Local Government, Public Works and National Housing N.O. and Registrar of Deeds N.O.

Key Issues

• {"issue_text":"Whether the plaintiff purchased the property from the second defendant","issue_type":"fact","dispositive":"yes","related_facts":"Alleged agreement of 2 November 2005, payment on 3 November 2005"}
• {"issue_text":"Whether the agreement of sale between the first and second defendants is valid","issue_type":"law","dispositive":"yes","related_facts":"Consent of deceased, payment of purchase price, transfer of ownership"}
• {"issue_text":"Whether the first defendant is entitled to evict the plaintiff from the flat","issue_type":"law","dispositive":"yes","related_facts":"Ownership of flat, occupation by plaintiff, no plea filed to counter-claim"}
• {"issue_text":"Whether the first defendant is entitled to holding over damages","issue_type":"law","dispositive":"yes","related_facts":"Unlawful occupation, loss of use by owner, quantum claimed"}
• {"issue_text":"The quantum of holding over damages","issue_type":"fact","dispositive":"no","related_facts":"Rental estimates, period of unlawful occupation"}

Background