Mtomba v Glen Forest Training Centre Trust (645 of 2021) [2021] ZWHHC 645 (17 November 2021)

Mtomba v Glen Forest Training Centre Trust (645 of 2021) [2021] ZWHHC 645 (17 November 2021)

The appeal was dismissed because the issue of lack of quorum was not pleaded, there was no right of retention as salaries and benefits are not connected to the property, and the amount for holding over damages was admitted by the appellant.

Citation
[2021] ZWHHC 645
Parties
Appellant: Austin W. Mtomba; Respondent: Glen Forest Training Centre Trust
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
17 November 2021
Case Number
645 of 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs on the ordinary scale.
Legal Topics
Eviction, Lien, Trust Law, Holding Over Damages, Locus Standi
Source Language
English
Property Law Employment Law Civil Procedure Eviction Lien Trust Law Holding Over Damages Locus Standi

Case Brief

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Parties

Austin W. Mtomba

Appellant

Glen Forest Training Centre Trust

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent trust had locus standi with less than five trustees
  2. 2 Whether the appellant had a lien over the property due to unpaid salaries or improvements
  3. 3 Whether holding over damages were properly proven

Ratio Decidendi

The appeal was dismissed because the issue of lack of quorum was not pleaded, there was no right of retention as salaries and benefits are not connected to the property, and the amount for holding over damages was admitted by the appellant.

Court Disposition

Appeal dismissed with costs on the ordinary scale.

Orders

  • Appeal dismissed
  • Appellant to pay costs on the ordinary scale