Nyarai Hwaire v Machona Francis Mugandani and 3 Others

HH 105-2005

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Case Details

Court

Harare High Court

Date

25 November 2005

Citation

HH 105-2005

Neutral Citation

[2005] ZWHH 105

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKARAU J

Full Bench

MAKARAU J

Areas of Law

Property lawEviction law

Keywords

EvictionHolding over damagesProperty transferCounterclaim

Key Issues

{"issue_text":"Whether the second and third defendants are entitled to eviction of the plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Counterclaim for eviction, property transfer"}
{"issue_text":"Whether the second and third defendants are entitled to holding over damages","issue_type":"mixed","dispositive":"yes","related_facts":"No evidence led on quantum of damages"}

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background

Facts of the Case

Background

The plaintiff claimed against the defendants regarding a property. The second and third defendants counterclaimed for eviction of the plaintiff and holding over damages. The court had previously dismissed the plaintiff's claim but failed to address the counterclaim in its initial judgment.

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