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Supreme Court
Tendai Mashamhanda v Bariade Investments (Private) Limited
[2024] ZWSC 65
Case Details
Court
Supreme Court
Date
18 July 2024
Citation
[2024] ZWSC 65
Judgment No.
SC 65/24
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Uchena JA
Full Bench
Uchena JAChiweshe JAMwayera JA
Areas of Law
Property LawConstitutional Law
Keywords
rei vindicatioimprovement liens 71 Constitutionevictionproperty ownershipfraudulent sale
Tags
rei vindicatioevictionimprovements lienproperty ownershipfraudulent transfer
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No.20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether court erred in not recognizing defense of improvement lien","issue_type":"law","dispositive":"yes","related_facts":"Appellant made improvements; some in defiance of court order"}
- {"issue_text":"What is effect of s 71 of Constitution on appellant's eviction","issue_type":"constitutional","dispositive":"yes","related_facts":"Appellant claimed compensation for improvements"}
- {"issue_text":"Whether court a quo could order no appeal shall stay execution","issue_type":"procedural","dispositive":"no","related_facts":"Court ordered execution despite appeal"}
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background
Facts of the Case
Background
The appellant occupied a property that was lawfully sold by the Sheriff to the respondent in 2017. After the sale was confirmed by the High Court, the former owner fraudulently sold the property to the appellant in 2019. Despite the respondent becoming the registered owner in 2022, the appellant refused to vacate and made improvements in defiance of a court interdict.
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