Magaisa and Another v Songore (605 of 2021) [2021] ZWHHC 605 (27 October 2021)

Magaisa and Another v Songore (605 of 2021) [2021] ZWHHC 605 (27 October 2021)

The respondent has no locus standi to challenge the sale or resist eviction as he is not the executor of his late father’s estate, which is not registered. The applicants lawfully purchased the property from the executor with the Master’s consent, paid the purchase price, and were registered as holders. No valid challenge or application to set aside the sale exists. The respondent’s defence is without merit and eviction is warranted.

Citation
[2021] ZWHHC 605
Parties
Applicant: Shaw Magaisa; Applicant: Talent Musarara; Respondent: Admire Songore
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 October 2021
Case Number
605 of 2021
Procedural Posture
Civil / Judgment
Outcome
application partly granted
Legal Topics
Eviction, Declaratory Relief, Locus Standi, Double Sale, Costs
Source Language
English
Property Law Succession Law Eviction Declaratory Relief Locus Standi Double Sale Costs

Case Brief

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Parties

Shaw Magaisa

Applicant

Talent Musarara

Applicant

Admire Songore

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to eviction of the respondent from Stand No 13469 Unit N, Seke, Chitungwiza
  2. 2 Whether the applicants are the lawful holders of rights, title and interest in the property
  3. 3 Whether the respondent has locus standi to challenge the sale or resist eviction

Ratio Decidendi

The respondent has no locus standi to challenge the sale or resist eviction as he is not the executor of his late father’s estate, which is not registered. The applicants lawfully purchased the property from the executor with the Master’s consent, paid the purchase price, and were registered as holders. No valid challenge or application to set aside the sale exists. The respondent’s defence is without merit and eviction is warranted.

Court Disposition

application partly granted

Orders

  • The respondent and all those claiming occupation through him are ordered to vacate Stand 13469 Unit N Seke Chitungwiza within ten (10) days from service of the order, failing which the Sheriff shall effect eviction.
  • The respondent shall pay costs of suit on a legal practitioner and client scale.