Sunga & Ors v Mutengwa (HC 64 of 2007) [2007] ZWHHC 68 (18 September 2007)

Sunga & Ors v Mutengwa (HC 64 of 2007) [2007] ZWHHC 68 (18 September 2007)

The application was withdrawn due to the applicants having cited the wrong respondent, who was not the beneficiary of the eviction order. Neither party was awarded costs as neither would have succeeded on the merits as presented.

Source-derived case information.

Citation
[2007] ZWHHC 68
Parties
Applicant: Alice Sunga & 32 Others; Respondent: Deron Mutengwa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 September 2007
Case Number
HC 64 of 2007
Procedural Posture
Opposed Application / Withdrawal After Argument, Costs Determination
Outcome
Application withdrawn; no order as to costs.
Legal Topics
Eviction, Costs, Proper Party to Sue, Protected Occupiers
Source Language
english
Civil Procedure Land Law Eviction Costs Proper Party to Sue Protected Occupiers

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alice Sunga & 32 Others

Applicant

Deron Mutengwa

Respondent

Procedural Posture

Opposed Application / Withdrawal After Argument, Costs Determination

Legal Issues

  1. 1 Whether the applicants are protected occupiers under the Rural Land Occupiers (Protection from Eviction) Act
  2. 2 Whether the respondent is the proper party to be sued
  3. 3 Whether the applicants are affected by the prior court order in HC 4281/03

Ratio Decidendi

The application was withdrawn due to the applicants having cited the wrong respondent, who was not the beneficiary of the eviction order. Neither party was awarded costs as neither would have succeeded on the merits as presented.

Court Disposition

Application withdrawn; no order as to costs.

Orders

  • Application withdrawn by consent of applicant;
  • No order as to costs.