Honamombe v Chukuruwo (CIV 'A' 513 of 2014; HH 296 of 2016) [2016] ZWHHC 296 (18 May 2016)
The appellant’s claim had not prescribed as he only became aware of the material facts in 2013, and the respondent, who controls the property and collects rent, is the proper party to be sued for eviction. The court a quo erred in granting absolution from the instance.
- Citation
- [2016] ZWHHC 296
- Parties
- Appellant: Misheck Honamombe; Respondent: Florence Chukuruwo
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 18 May 2016
- Case Number
- CIV 'A' 513 of 2014 ; HH 296 of 2016
- Procedural Posture
- Civil Appeal / Appeal Against Absolution From the Instance at Close of Plaintiff’s Case
- Outcome
- Appeal allowed
- Legal Topics
- Eviction, Prescription, Citation of Estate, Absolution From the Instance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Misheck Honamombe
Appellant
Florence Chukuruwo
Respondent
Procedural Posture
Civil Appeal / Appeal Against Absolution From the Instance at Close of Plaintiff’s Case
Legal Issues
- 1 Whether the appellant’s claim for eviction had prescribed
- 2 Whether the respondent was the correct party to be sued or the estate of her late husband should have been cited
Ratio Decidendi
The appellant’s claim had not prescribed as he only became aware of the material facts in 2013, and the respondent, who controls the property and collects rent, is the proper party to be sued for eviction. The court a quo erred in granting absolution from the instance.
Court Disposition
Appeal allowed
Orders
- The judgment of the court a quo is set aside.
- The trial is to proceed to the defence case.
Full Case Text
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