Dube v Moyo (HC 1699 of 2003) [2004] ZWBHC 155 (15 December 2004)

The applicant is entitled to occupation as he lawfully purchased and obtained transfer of the property, and the respondent has no legal basis to remain after lawful eviction and failure to challenge the court order or agreement of sale.

Citation: [2004] ZWBHC 155
Parties: Applicant: Brian Dube; Respondent: Nelson Moyo
Court: Bulawayo High Court
Jurisdiction: Zimbabwe
Judgment Date: 15 December 2004
Case Number: HC 1699 of 2003
Procedural Posture: Opposed Application / Judgment
Outcome: application granted
Legal Topics: Eviction, Agreement of Sale, Innocent Purchaser, Transfer of Property, Court Orders
Source Language: English

Property Law Civil Procedure Eviction Agreement of Sale Innocent Purchaser Transfer of Property Court Orders

Case Brief

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Parties

Brian Dube

Applicant

Nelson Moyo

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

1 Whether the applicant is entitled to occupation of stand number 7414 Pumula North, Bulawayo
2 Whether the respondent's continued occupation is lawful
3 Effect of prior court orders and failure to challenge them

Ratio Decidendi

Court Disposition

application granted

Orders

The deputy Sheriff, Bulawayo, is authorised and directed to evict the respondent and all those claiming occupation through him from stand number 7414 Pumula North, Bulawayo.
The respondent will bear the costs of this application on a legal practitioner and client scale.