Ngwenya v Ndlovu (HB 118 of 2007) [2007] ZWBHC 118 (21 November 2007)

The plaintiff established a prima facie case against the defendant through evidence and admissions that she expended substantial sums on the Nkulumane property, and the application for absolution from the instance is dismissed.

Citation: [2007] ZWBHC 118
Parties: Plaintiff: Regina Ngwenya; Defendant: Georgina Ndlovu
Court: Bulawayo High Court
Jurisdiction: Zimbabwe
Judgment Date: 21 November 2007
Case Number: HB 118 of 2007
Procedural Posture: Civil / Application for Absolution From the Instance at the Close of Plaintiff’s Case
Outcome: application for absolution from the instance dismissed
Legal Topics: Absolution From the Instance, Property Transfer, Cause of Action
Source Language: English

Civil Procedure Property Law Absolution From the Instance Property Transfer Cause of Action

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Regina Ngwenya

Plaintiff

Georgina Ndlovu

Defendant

Procedural Posture

Civil / Application for Absolution From the Instance at the Close of Plaintiff’s Case

Legal Issues

1 Whether the plaintiff established a prima facie case against the defendant at the close of her case
2 Whether the plaintiff is entitled to transfer of the Nkulumane property or reimbursement for sums expended
3 Whether the summons disclosed a cause of action

Ratio Decidendi

Court Disposition

application for absolution from the instance dismissed

Orders

application for absolution from the instance at the close of plaintiff’s case is dismissed