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Harare High Court
Siqalisile Sibanda v Vincent Tobaiwa Musvota
HH 378-17
Case Details
Court
Harare High Court
Date
14 June 2017
Citation
HH 378-17
Neutral Citation
[2017] ZWHH 378
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Property LawCivil Procedure
Keywords
Double saleUnjust enrichmentSpecial pleaExceptionRule 119Late filing
Tags
Property disputeUnjust enrichmentDouble saleSpecial pleaException
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether special plea and exception filed out of time are valid","issue_type":"procedural","dispositive":"yes","related_facts":"Filed 13 days late on 30 May 2016"}
- {"issue_text":"Whether plaintiff has cause of action for unjust enrichment","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiff built on property after knowing of defendant's claim"}
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background
Facts of the Case
Background
The plaintiff built on property she believed she owned, but defendant had earlier purchased same property. Defendant obtained court order confirming ownership. Plaintiff sued for unjust enrichment based on improvements. Defendant raised special plea and exception, both filed late.
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