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Harare High Court
Promise Zvavahera v Smart Kanyama & 2 Ors
HH 496-25
Case Details
Court
Harare High Court
Date
4 September 2025
Citation
HH 496-25
Neutral Citation
[2025] ZWHH 496
Outcome
unknown
Case Type
Application
Bench
Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
Property lawCivil procedurePrescription
Keywords
DeclaraturHousing allocationStand 7219Dzivarasekwa ExtensionPrescription
Tags
Declaratory orderProperty allocationPrescriptionHousing dispute
legislation
Statutes Cited
- High Court Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does a declaratory order under s 14 of the High Court Act prescribe?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's claim arose in 2011, application filed in 2024"}
- {"issue_text":"Can the factual disputes be resolved on papers alone?","issue_type":"procedural","dispositive":"no","related_facts":"Conflicting evidence regarding allocation and occupation"}
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background
Facts of the Case
Background
The applicant sought a declaratory order that he is the lawful holder of rights in stand 7219 Dzivarasekwa Extension, Harare, alleging allocation to him in 2011 under a civil servant housing scheme. The first respondent claimed prior allocation in 2000 and raised prescription as a defence, arguing the claim prescribed in 2014.
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