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Harare High Court

Morris Bhamu v Edwell Berejena

HH 699-17

Case Details

Court
Harare High Court
Date
15 June 2017
Citation
HH 699-17
Neutral Citation
[2017] ZWHH 699
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Munangati-Manongwa J
Full Bench
Mwayera JMunangati-Manongwa J
Areas of Law
Property LawCivil Procedure
Keywords
evictionownershipjurisdictionmagistrates courtcessionimmovable property
Tags
evictionownership disputejurisdictionmagistrates court
legislation
Statutes Cited
  • Magistrates Court Act
  • Magistrates Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the magistrates court had jurisdiction to determine the ownership dispute","issue_type":"procedural","dispositive":"yes","related_facts":"Property value US$16,000; competing ownership claims; allegations of fraud"}
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background
Facts of the Case

Background

The respondent sought eviction of the appellant from House No. B35 claiming he had bought the property. The magistrates court granted the eviction order. On appeal, the High Court found that the magistrates court lacked jurisdiction as the matter involved an ownership dispute concerning property valued above the court's monetary jurisdiction limit.
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