Mary Madzima and Micah Siyapi Madzima v Milivic Housing Trust and all those occupying the remainder of Stand 219 Strathaven Township, Harare through it and Minister of Local Government and Public Works N.O.

HH 117-23

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Case Details

Court

Harare High Court

Date

13 February 2023

Citation

HH 117-23

Neutral Citation

[2023] ZWHH 117

Outcome

unknown

Case Type

Trial

Bench

Presiding

Musithu J

Full Bench

Musithu J

Areas of Law

Property LawCivil Procedure

Keywords

lease agreementevictionabsolution from the instanceproperty occupationrenewal of lease

Key Issues

{"issue_text":"Whether plaintiffs have established a prima facie right to seek eviction of defendants","issue_type":"mixed","dispositive":"yes","related_facts":"Lease agreement terms, lack of renewal evidence, lack of possession"}
{"issue_text":"Whether lease agreement was renewed after expiry in 2014","issue_type":"fact","dispositive":"yes","related_facts":"No documentary evidence of renewal, no rental payments shown for 2015-2017"}
{"issue_text":"Whether plaintiffs need possession to seek eviction","issue_type":"law","dispositive":"yes","related_facts":"Plaintiffs never occupied property, attempted fence erected but removed"}

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background

Facts of the Case

Background

Plaintiffs, husband and wife, claimed eviction of defendants from Remainder of Stand 219 Strathaven Township based on a 2010 lease agreement with the Minister. First defendant occupied the property from 2017 claiming allocation by the same Minister. Plaintiffs sought eviction and damages. First defendant applied for absolution from the instance at close of plaintiff's case.

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