Netsai Mukwena and Zaka Rural District Council v John Chimbamu

HMA 42-18

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Case Details

Court

Masvingo High Court

Date

29 August 2018

Citation

HMA 42-18

Neutral Citation

[2018] ZWHMA 42

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mafusire J

Full Bench

Mawadze JMafusire J

Areas of Law

Property LawCivil Procedure

Keywords

evictiondeed of settlementwarrant of ejectmentdouble allocationbalance of equitiesbreachmagistrates court

Key Issues

{"issue_text":"Whether the deed of settlement alone could form basis for warrant of ejectment without evidence of breach being placed before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Warrant issued without notice to appellants; no breach evidence on record"}
{"issue_text":"Whether the second appellant acted within the 30-day period prescribed by the deed of settlement","issue_type":"mixed","dispositive":"yes","related_facts":"Telephone conversation on 16 May; letter dated 19 May; alternative stand identified by 15 May"}

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background

Facts of the Case

Background

The respondent, as executor of his late brother's estate, claimed the deceased had been allocated a business stand by Zaka Rural District Council. The council later allocated the same stand to the first appellant. After litigation, parties signed a deed of settlement providing for an alternative stand within 30 days. The council's notification was allegedly late, prompting the respondent to issue a warrant of ejectment. The appellants sought to cancel the warrant.

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