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Harare High Court
Safedrive Motors (Private) Limited v City of Harare and Tendai Macgerald Madziwanyika
HH 709-25
Case Details
Court
Harare High Court
Date
6 February 2025
Citation
HH 709-25
Neutral Citation
[2025] ZWHH 709
Outcome
unknown
Case Type
Application
Bench
Presiding
Deme J
Full Bench
Deme J
Areas of Law
Property lawCivil procedure
Keywords
Res judicataEvictionIllegal occupationProperty transferAbuse of court process
Tags
Property disputeRes judicataEvictionIllegal structures
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the doctrine of res judicata applies to bar the present application","issue_type":"procedural","dispositive":"yes","related_facts":"Same parties, same property, same relief sought in previous litigation"}
- {"issue_text":"Whether the applicant should pay costs on attorney and client scale","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's abuse of court process and failure to disclose previous litigation"}
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background
Facts of the Case
Background
The applicant sought an order compelling the first respondent to transfer property known as Stand 910 Greystone Park to it, while the first respondent counter-applied for eviction. The second respondent raised res judicata as a preliminary point, arguing the same matter had been decided in HC 3712/20 and SC 265/22.
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