M & W Motors (Pvt) Ltd and Sydney Tenganiso and Siminyeni Sibindi v Owen Mudha Ncube and Tapuwa Muganhu

HH 240-21

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Case Details

Court

Harare High Court

Date

12 May 2021

Citation

HH 240-21

Neutral Citation

[2021] ZWHH 240

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Property LawCivil Procedure

Keywords

spoliationpossessionevictioncondonationappealcosts

Key Issues

{"issue_text":"Whether the applicants should be granted condonation for late filing of an application for leave to appeal","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants filed a purported notice of appeal which was struck off by the Supreme Court; no explanation was provided for the delay"}
{"issue_text":"Whether the applicants have prospects of success on appeal","issue_type":"mixed","dispositive":"no","related_facts":"The applicants failed to prove the first respondent's involvement in spoliation; the founding affidavit lacked detail on the first respondent's liability"}

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Facts of the Case

Background

The applicants sought condonation for late filing of an application for leave to appeal against a judgment in HC 4321/15 concerning possessory rights over property in Kwekwe. The dispute involved allegations of spoliation where the second and third applicants were forcibly removed from the property, with the applicants claiming the first respondent orchestrated the eviction.

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