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Harare High Court
Swandale Properties (Private) Limited v Venencia Madake and Municipality of Harare
HH 2-12
Case Details
Court
Harare High Court
Date
18 January 2012
Citation
HH 2-12
Neutral Citation
[2012] ZWHH 2
Outcome
unknown
Case Type
Application
Bench
Presiding
Mutema J
Areas of Law
Property LawCivil Procedure
Keywords
lease agreementcancellationevictionlis alibi pendensmultiplicity of suits
Tags
lease cancellationevictionlis alibi pendensmultiplicity of actions
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defence of lis alibi pendens applies where related proceedings concerning the same property are pending between the same parties","issue_type":"procedural","dispositive":"yes","related_facts":"Same parties in both HC 4826/10 and HC 2877/11; both seeking vacation of Stand 1089 Tynwald"}
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background
Facts of the Case
Background
The applicant sought confirmation of cancellation of a lease agreement and eviction of the first respondent from Stand 1089 Tynwald, Harare. The first respondent raised a point in limine that the matter was lis alibi pendens as similar proceedings were pending in HC 4826/10 concerning contempt of court related to the same property.
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