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Harare High Court
P B Arnott and Son (Private) Limited v Steven Manota and Evelyn James and Nesbert Manota
HH 17-13
Case Details
Court
Harare High Court
Date
17 January 2013
Citation
HH 17-13
Neutral Citation
[2013] ZWHH 17
Outcome
unknown
Case Type
Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Property LawCivil Procedure
Keywords
ejectmentsummary judgmentlocus standicompulsory acquisitionfarm house
Tags
evictionsummary judgmentfarm propertydeceased employee
legislation
Statutes Cited
- Land Acquisition Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the deponent to the applicant's affidavit has locus standi to represent the applicant","issue_type":"procedural","dispositive":"no","related_facts":"Proceedings instituted by legal practitioners, not deponent"}
- {"issue_text":"Whether the applicant lost ownership of Good Hope Farm through compulsory acquisition","issue_type":"mixed","dispositive":"yes","related_facts":"Government Gazette notice of 10 June 2005"}
- {"issue_text":"Whether respondents have bona fide defence to eviction claim","issue_type":"law","dispositive":"yes","related_facts":"Occupation after death, no rent payment"}
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background
Facts of the Case
Background
The applicant, a company, sought summary judgment for ejectment of the respondents from an assistant manager's house on Good Hope Farm. The respondents were family members of deceased former employee Ernest Manota who continued occupying the house after his death despite notice to vacate.
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