MCLEAN KUCHOCHA v CLYDE MUDADA

HMT 98-20

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Case Details

Court

Mutare High Court

Date

31 December 2020

Citation

HMT 98-20

Neutral Citation

[2020] ZWHMT 98

Outcome

unknown

Case Type

Application

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA J

Areas of Law

Property LawCivil Procedure

Keywords

evictionsummary judgmentrei vindicatiomortgage defaultproperty transferownership rights

Key Issues

{"issue_text":"Whether respondent has a bona fide defence to the applicant's claim for eviction","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant is registered owner; respondent is in possession without consent; respondent claims prior purchase from Munowenyu"}

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background

Facts of the Case

Background

The applicant, registered owner of Stand 2738 Umtali Township (10 Thorn Close, Morningside, Mutare), sought eviction of the respondent who occupied the property. The property was previously owned by Trinity Brian Garikayi Munowenyu who mortgaged it to NMB Bank Limited. After loan default, the property was attached and sold by the Sheriff in execution, with the applicant purchasing it at auction and obtaining registered title. The respondent claimed to have bought the property from Munowenyu in 2012 but remained in possession without the applicant's consent.

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