Hosho v Hasisi (HC 427 of 2011) [2015] ZWHHC 491 (1 June 2015)

Hosho v Hasisi (HC 427 of 2011) [2015] ZWHHC 491 (1 June 2015)

The defendant failed to prove the existence of a customary law marriage and thus has no lawful right to occupy the property. The plaintiff is the registered owner and entitled to eviction of the defendant and all those claiming through her.

Citation
[2015] ZWHHC 491
Parties
Plaintiff: Nathan Hosho; Defendant: Lilian Hasisi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 June 2015
Case Number
HC 427 of 2011
Procedural Posture
Civil / Trial Judgment
Outcome
plaintiff's claim granted
Legal Topics
Eviction, Customary Marriage, Inheritance, Bona Fide Purchaser
Source Language
English
Property Law Family Law Eviction Customary Marriage Inheritance Bona Fide Purchaser

Case Brief

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Parties

Nathan Hosho

Plaintiff

Lilian Hasisi

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the plaintiff is the rightful and registered owner of Stand No. 4020 Ngoni Township, Norton
  2. 2 Whether the defendant has any lawful right to occupy the property
  3. 3 Whether the defendant and all those claiming occupation through her should be evicted

Ratio Decidendi

The defendant failed to prove the existence of a customary law marriage and thus has no lawful right to occupy the property. The plaintiff is the registered owner and entitled to eviction of the defendant and all those claiming through her.

Court Disposition

plaintiff's claim granted

Orders

  • Defendant and all those claiming through her are evicted from Stand No. 4020, Ngoni Township, Norton within 14 days.
  • Sheriff to assist in ensuring compliance with the eviction order if necessary.