Mike Ndogha Chivhanganye and Olivia Zvakwana Chivhanganye v Oacridge Properties (Pvt) Ltd and The Honourable Magistrate Chibanda (No)

HH 208-10

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Case Details

Court

Harare High Court

Date

31 August 2010

Citation

HH 208-10

Neutral Citation

[2010] ZWHH 208

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mutema J

Full Bench

Mutema J

Areas of Law

Property LawCivil Procedure

Keywords

eviction orderurgencylease agreementfraudulent salemagistrates court

Key Issues

{"issue_text":"Whether the urgent chamber application meets the requirements of urgency under the rules","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed on 26 August 2010, three days after eviction deadline"}
{"issue_text":"Whether the grounds raised in the certificate of urgency establish proper urgency","issue_type":"procedural","dispositive":"no","related_facts":"Allegations of fraudulent sale and lack of jurisdiction"}

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background

Facts of the Case

Background

The applicants, former owners of 10 Gayton Avenue, Sunridge, Harare, sold the property to the first respondent in October 2009 and remained as tenants under a lease expiring 31 March 2010. They failed to vacate as agreed, and the Magistrates' Court granted an eviction order on 19 August 2010. The applicants filed an urgent chamber application on 26 August 2010 to interdict execution of the eviction order, claiming the sale was fraudulently obtained and that they had filed a review application.

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