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Harare High Court

Joyce Mamvura v Chrispin Makanganya

HH 13-11

Case Details

Court
Harare High Court
Date
3 March 2011
Citation
HH 13-11
Neutral Citation
[2011] ZWHH 13
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Karwi J
Full Bench
Hungwe JKarwi J
Areas of Law
Property LawCivil ProcedureEvidence
Keywords
evictionproperty ownershipagreement of saleexecutrix dativeforged documentsdocumentary evidence
Tags
evictionproperty ownershipestate administrationforged documents
legislation
Statutes Cited
  • Civil Evidence Act [Chapter 8:01]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the magistrate erred in finding the respondent had purchased the property","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's occupation since 1983; alleged purchase; produced agreements; examiner's findings"}
  • {"issue_text":"Whether the documents relied upon by respondent were admissible without originals","issue_type":"procedural","dispositive":"no","related_facts":"Respondent failed to produce originals; Civil Evidence Act s 11"}
  • {"issue_text":"Whether the court a quo properly assessed credibility of witnesses","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate's findings on evidence; appellant's age at time of transaction"}
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background
Facts of the Case

Background

The appellant, as executrix dative of her late father's estate, sought to evict the respondent from property 8844 Zengeza 3, Chitungwiza. The respondent claimed he had purchased the property from the deceased in 1983 and produced agreements of sale and receipts. The magistrate dismissed the eviction application, finding the respondent's evidence credible.
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