Mlambo v Chivendere (617 of 2021) [2021] ZWHHC 617 (4 November 2021)

Mlambo v Chivendere (617 of 2021) [2021] ZWHHC 617 (4 November 2021)

The applicant, as holder of an A2 Temporary Permit, is the lawful occupier and entitled to evict the respondent, who failed to produce any legal basis for his occupation or mining activities. No material dispute of fact exists, and the respondent's defence is not bona fide.

Source-derived case information.

Citation
[2021] ZWHHC 617
Parties
Applicant: Joice Mlambo; Respondent: Isaac Muguti Chivendere
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
4 November 2021
Case Number
617 of 2021
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for applicant
Legal Topics
Eviction, Summary Judgment, Locus Standi, Costs, Mining Rights
Source Language
english
Property Law Civil Procedure Eviction Summary Judgment Locus Standi Costs Mining Rights

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Parties

Joice Mlambo

Applicant

Isaac Muguti Chivendere

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the applicant has locus standi to seek eviction and ancillary relief
  2. 2 Whether there exists a material dispute of fact precluding summary judgment
  3. 3 Whether the respondent has a bona fide defence to the claim for eviction

Ratio Decidendi

The applicant, as holder of an A2 Temporary Permit, is the lawful occupier and entitled to evict the respondent, who failed to produce any legal basis for his occupation or mining activities. No material dispute of fact exists, and the respondent's defence is not bona fide.

Court Disposition

summary judgment granted for applicant

Orders

  • Respondent and all those claiming through him are evicted from Subdivision 3 of Circle V of Lancastershire Estate, Shurugwi.
  • Respondent to remove illegal structures within seven days, failing which the Sheriff is to remove and/or demolish them.