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Harare High Court
Kudakwashe Ncube v Jemitias Rodze
HH 836-17
Case Details
Court
Harare High Court
Date
20 December 2017
Citation
HH 836-17
Neutral Citation
[2017] ZWHH 836
Outcome
unknown
Case Type
Application
Bench
Presiding
Mushore J
Full Bench
Mushore J
Areas of Law
Property LawCivil Procedure
Keywords
evictionunlawful occupationdeed of transferconsent ordermortgage default
Tags
evictionunlawful occupationproperty ownershipsheriff's auction
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent should be evicted from property despite admitting applicant's ownership","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant owns property, respondent in occupation without legal basis"}
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background
Facts of the Case
Background
The applicant purchased a property at a sheriff's auction and obtained transfer of title. The respondent remained in unlawful occupation of the property despite admitting the applicant's ownership and having no legal basis for occupation. The property had been sold due to a consent order where respondent and co-defendants failed to pay their indebtedness.
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