Sambare v Sinondava (HC 192 of 2019; HMT 9 of 2020) [2020] ZWMTHC 9 (27 January 2020)

Sambare v Sinondava (HC 192 of 2019; HMT 9 of 2020) [2020] ZWMTHC 9 (27 January 2020)

The court held that since there are pending proceedings before the Administrative Court and the respondent holds a valid offer letter, it would be premature to grant an eviction order before those proceedings are concluded.

Citation
[2020] ZWMTHC 9
Parties
Applicant: Benjamin Sambare; Respondent: Simbarashe Sinandava
Court
Mutare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 January 2020
Case Number
HC 192 of 2019 ; HMT 9 of 2020
Procedural Posture
Opposed Application / Judgment
Outcome
Application dismissed with costs
Legal Topics
Eviction, Land Resettlement, Jurisdiction, Interdicts
Source Language
English
Land Law Civil Procedure Eviction Land Resettlement Jurisdiction Interdicts

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Parties

Benjamin Sambare

Applicant

Simbarashe Sinandava

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether the application for respondent’s eviction is properly before the court
  2. 2 Whether the court should grant an eviction order while proceedings are pending before the Administrative Court

Ratio Decidendi

The court held that since there are pending proceedings before the Administrative Court and the respondent holds a valid offer letter, it would be premature to grant an eviction order before those proceedings are concluded.

Court Disposition

Application dismissed with costs

Orders

  • Application for eviction is dismissed with costs of suit