Ready v Ready (857 of 2022) [2022] ZWHHC 857 (30 November 2022)

Ready v Ready (857 of 2022) [2022] ZWHHC 857 (30 November 2022)

Plaintiff proved ownership by Deed of Transfer and defendant failed to prove contribution to purchase or any right to co-ownership; defendant's occupation is without consent and plaintiff is entitled to eviction under the rei vindicatio.

Citation
[2022] ZWHHC 857
Parties
Plaintiff: Philip Ready; Defendant: Byron Ready
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
30 November 2022
Case Number
857 of 2022
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiff's claim for eviction granted; defendant's counterclaim dismissed; each party to bear its own costs.
Legal Topics
Eviction, Ownership of Immovable Property, Rei Vindicatio, Co Ownership Claims
Source Language
English
Property Law Civil Procedure Eviction Ownership of Immovable Property Rei Vindicatio Co Ownership Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Philip Ready

Plaintiff

Byron Ready

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the defendant paid off the balance of the purchase of the property to City of Harare
  2. 2 Whether the defendant should be registered as co-owner with plaintiff
  3. 3 Whether the plaintiff is entitled to an order for eviction against the defendant

Ratio Decidendi

Plaintiff proved ownership by Deed of Transfer and defendant failed to prove contribution to purchase or any right to co-ownership; defendant's occupation is without consent and plaintiff is entitled to eviction under the rei vindicatio.

Court Disposition

Plaintiff's claim for eviction granted; defendant's counterclaim dismissed; each party to bear its own costs.

Orders

  • Defendant and all those claiming occupation through him to vacate 37 Benghazi Road, Braeside, Harare within 7 days, failing which the Deputy Sheriff is authorized to evict.
  • Defendant’s counterclaim is dismissed.