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Harare High Court

TSITSI VERONICA CHITAGU and EVERISTO CHITAGU v TAPSON STANLEY TOGARASEI DZVETERO and ANTONIA & DZVETERO LEGAL PRACTITIONERS and DAVID GARONGA and HAMILTON PROPERTY HOLDINGS

HH 640-18

Case Details

Court
Harare High Court
Date
10 October 2018
Citation
HH 640-18
Neutral Citation
[2018] ZWHH 640
Outcome
unknown
Case Type
Trial

Bench

Presiding
DUBE J
Full Bench
DUBE J
Areas of Law
DelictProperty LawPrescription Law
Keywords
EvictionTitle DeedsOwnershipDamagesPrescriptionLocus Standi
Tags
Unlawful EvictionDamagesPrescriptionLocus Standi
legislation
Statutes Cited
  • Deeds Registries Act
  • Prescription Act
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the plaintiffs' claim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Eviction occurred in January 2013; summons issued in July 2017; previous proceedings in 2013"}
  • {"issue_text":"Whether the plaintiffs have locus standi to bring these proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Property not registered in plaintiffs' name at time of eviction; title restored in June 2017"}
  • {"issue_text":"Whether the fourth defendant is liable to pay any damages to the plaintiffs","issue_type":"law","dispositive":"no","related_facts":"Claim against fourth defendant withdrawn at hearing"}
  • {"issue_text":"Whether the plaintiffs are entitled to claim damages from the defendants and quantum thereof","issue_type":"law","dispositive":"no","related_facts":"All other issues"}
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background
Facts of the Case

Background

The plaintiffs were evicted from their property in January 2013 while it was registered in the fourth defendant's name. They claimed the property was fraudulently transferred and sought damages for unlawful eviction in 2017 after title was restored. The defendants raised special pleas that the claim had prescribed and that the plaintiffs lacked locus standi at the time of eviction.
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