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Supreme Court
LEATHOUT INVESTMENTS (PRIVATE) LIMITED v FUTURE CHIRANGANO MUVIRIMI (2) PETRONELLA MUVIRIMI
Judgment No. SC 60/21
Case Details
Court
Supreme Court
Date
7 June 2021
Citation
Judgment No. SC 60/21
Neutral Citation
[2021] ZWSC 60
Judgment No.
SC 60/21
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GOWORA JA
Full Bench
GOWORA JAPATEL JABERE JA
Areas of Law
Property LawCivil ProcedureSpecial Case Procedure
Keywords
rei vindicatiostated casespecial caseproperty ownershipevictionfraud allegations
Tags
Property disputeEviction proceedingsTitle dispute
legislation
Statutes Cited
- High Court Rules 1971
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether oral application for directions was made and considered by court","issue_type":"procedural","dispositive":"no","related_facts":"Chamber application proceedings on 22 February 2017"}
- {"issue_text":"Whether court should have declined to hear written chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Rules requiring written applications for directions"}
- {"issue_text":"Whether court misdirected itself in granting order for directions contrary to stated case","issue_type":"procedural","dispositive":"yes","related_facts":"Material disputes of fact in alleged agreed facts"}
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background
Facts of the Case
Background
Appellants sought eviction of respondents from immovable property at 69 Glenara Avenue Highlands Harare. Respondents challenged ownership claim alleging fraud in registration. Parties filed joint special case but High Court found material disputes of fact requiring evidence.
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