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Harare High Court
NMB Bank Limited v William Billy Chidyausiku
HH 591-17
Case Details
Court
Harare High Court
Date
1 January 2017
Citation
HH 591-17
Neutral Citation
[2017] ZWHH 591
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawBanking LawCivil Procedure
Keywords
Summary judgmentEvictionProperty transferHolding over damagesSuretyship
Tags
Summary judgmentEvictionProperty lawBanking
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent has bona fide defence to summary judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"Property transfer process, respondent's occupation under lease"}
- {"issue_text":"Whether applicant entitled to eviction order","issue_type":"law","dispositive":"yes","related_facts":"Bank ownership of property, respondent's refusal to vacate"}
- {"issue_text":"Whether applicant entitled to holding over damages","issue_type":"law","dispositive":"yes","related_facts":"Rental amount paid by respondent, duration of occupation"}
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background
Facts of the Case
Background
NMB Bank Limited obtained judgment against Coldrac Products (Pvt) Limited for a debt of $1,500,000 with David Govere as surety. The bank executed against Govere's property (Stand 52 Hessel Drive, Borrowdale) which was transferred to the bank in February 2015. William Billy Chidyausiku, who was occupying the property under a lease agreement expiring December 2015, refused to vacate. The bank sought summary judgment for eviction and holding over damages.
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