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Harare High Court
Saltana Enterprises (Pvt) Ltd versus Bright Gwafa
HH 417-21
Case Details
Court
Harare High Court
Date
21 July 2021
Citation
HH 417-21
Neutral Citation
[2021] ZWHH 417
Outcome
unknown
Case Type
Civil Trial
Bench
Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Property LawContract LawEviction
Keywords
EvictionUnlawful occupationAgreement of saleCancellationAgency
legislation
Statutes Cited
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether or not the plaintiff has a legal basis to evict the defendant from Stand 7874 Belvedere West, Harare?","issue_type":"law","dispositive":"yes","related_facts":"The chain of sales from Kavande to Manala to Jana to defendant, and the cancellation of the original agreement"}
- {"issue_text":"Whether the plaintiff's claim has prescribed?","issue_type":"procedural","dispositive":"no","related_facts":"The defendant's initial plea of prescription which was later abandoned"}
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background
Facts of the Case
Background
The plaintiff Saltana Enterprises (Pvt) Ltd sought eviction of defendant Bright Gwafa from Stand 7874 Belvedere Harare, claiming he was in unlawful occupation. The defendant claimed lawful occupation through a chain of sales from the original buyer Terence Kavande, whose agreement with the plaintiff had been cancelled by the plaintiff's agent Borm Real Estate.
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