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Vindicatory Action or Rei Vindicatio re: Claim of Retention or Lien Pending Compensation and Negotiorum Gestio

Appealed
HH58-10 : DRAWING SERVICES (PVT) LTD vs BETTY KANYUCHI
Ruled By: BERE J

The plaintiff, as represented by its Managing Director, Ms Elizabeth Chidavaenzi, issued summons out of this court on 9 June 2008 seeking the ejectment of the defendant from Stand number 3182 of subdivision A of Stand 159 Prospect in Harare ('the property'). On 2 October 2008 the defendant filed her plea and sought the dismissal of the ...
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HH165-09 : WYNONAH O.M. SIMANGO-KANETA vs MOSES KUSENA and DEPUTY SHERIFF
Ruled By: BERE J

The applicant, who is a holder of an offer letter dated 31 October 2008 conferring on her possession of subdivision of Lot 1A Nil Desperandum Twentydales, Goromonzi in the district of Mashonaland East Province, has sought the following interim relief by way of an urgent application against the first respondent – “That pending confirmation, or discharge, of ...
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HH27-10 : ROUTE TOUTE BV and PENINSULAR PLANTATIONS (PVT) LTD and MATANUSKA (PVT) LTD and BRIGHTSIDE FARM (PVT) LTD vs SUSNSPUN BANANAS (PVT) LTD and AMBASSADOR-MAJOR GENERAL CHIMONYO
Ruled By: CHATUKUTA J

In Bangure v Gweru City Council 1998 (2) ZLR 396 (HC), GILLESPIE J observed..., as follows - “If there is any basis for the application, therefore, it must be found in the common law. It may be said generally that improvements to property adhere to the property and are acquired by the owner of the property ...
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HH35-10 : RUTH MUSONZA (nee MTANAUKWA) vs ESHMAEL MUSONZA
Ruled By: GUVAVA J

The parties married on 13 December 1992 in terms of the Marriage Act [Chapter 5:11]...,.The marriage was an unhappy one filled with physical and emotional abuse. The plaintiff left home on numerous occasions but always returned in the hope that the marriage would work. In October 2006, however, things came ...
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HH148-10 : ZIMASCO (PVT) LIMITED vs FARAI MARIKANO
Ruled By: MTSHIYA J

This is an opposed application wherein the applicant seeks the following relief:“1. Respondent shall, within two hours of the service of this order on him, restore the following property to the applicant;(a) Mitsubishi Pajero 3.0 Registration Number AAV-5956;(b) Laptop HP Compaq 6720;(c) Cellphone Samsung D880;2. The cost of this application ...
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HH60-13 : IMMACULATE BLESSING MABIZA vs IVON NGWIRA
Ruled By: MATHONSI J

The plaintiff instituted proceedings against the defendant for payment of the sums of US$2,000= being money paid to the defendant towards the purchase of Stand 574 Juru Growth Point and US$2,000= for improvements effected on that property. In her declaration, she averred that the parties had entered into a written agreement about December 2008 in terms ...
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HH112-11 : VALERIE MAKONI vs WILFORD MAKONI
Ruled By: CHITAKUNYE J

The plaintiff abandoned her initial inclusion of House No. 3335 School Drive, Glen View as matrimonial estate when, in her amended declaration, she excluded it. In her evidence she now only claimed the value of the improvements she said she made to that property. These improvements comprised 3 door screens, a veranda screen and a toilet ...
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HH114-11 : TUNATEMORE PRINTERS (PVT) LIMITED vs ORAGPLATE (PVT) LIMITED
Ruled By: BERE J

The plaintiff has basically sought an order confirming the defendant's eviction and other ancillary relief associated with the defendant's breach of the lease agreement.The defendant also filed a counter claim seeking to recover the value of the improvements it allegedly made on the property.The plaintiff denied ever consenting to the improvements in question which, in any event, ...
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HH332-13 : NIGHERT SAVANIA and NORWICH TRADING (PVT) LIMITED vs NATHAN MNABA
Ruled By: MATHONSI J

The respondent also claims an improvements lien over the property.
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HB25-11 : RANOTH MATSHAZI vs JOEL MLOTSHWA and THE REGISTRAR OF DEEDS
Ruled By: NDOU J

The only issue left is one of the improvements. There is evidence…, that the plaintiff built structures on the farm which enhanced the value of the farm as evinced by the valuation report that the defendant obtained and used to sell the farm to Pardon Mbondia. Counsel for the plaintiff has suggested that I use this evaluation ...
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HB159-11 : HILDA SIBANDA vs TEEJAY SIBANDA
Ruled By: NDOU J

(b) Claim: Value of improvements on Inyathi FarmIn this instance, the plaintiff is claiming improvements on the Inyathi Farm. She is not claiming the ground or “vacant” land which belongs to the Government of Zimbabwe.It is trite that the measure of the compensation would be the value by which the ...
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HH311-14 : MAXWELL MATSVIMBO SIBANDA vs GYWNNE ANN STEVENSON and THE REGISTRAR OF DEEDS
Ruled By: DUBE J

The applicant claims that the first repairs were carried out around October 2006 to make the property habitable. He later carried out several repairs to maintain the condition of the property. These, in summation, include painting the premises, constructing a septic tank, drilling a borehole, house repairs and plumbing. In February 2007, the parties entered into ...
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HH318-14 : NOMSA CHIKWEZVERO vs TENDAI CHINAMORA
Ruled By: MWAYERA J

In any event, there is no unjust enrichment occasioned to the plaintiff as clearly connection of water and electricity is by other authorities but approval is the Ministry's prerogative. That renders the structure put up an illegal structure.Even if the structure was legally put up, the plaintiff is not responsible for she was not part ...
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HH740-15 : COSMAS ZAVAZAVA and VONGAI ZAVAZAVA vs JONAH TENDERE and TENDAI TENDERE and THERMO-DYNAMICS REAL ESTATE and REGISTRAR OF DEEDS N.O.
Ruled By: MATHONSI J

The actio rei vindicatio is available to the owner whose property is in the possession of another without his authority or consent. Its concept is that an owner cannot be deprived of his property against his will. Such owner is entitled to recover the property from any person who is ...
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HH485-13 : LOVENESS KUDZANGA vs GODFREY KUDZANGA and THE REGISTRAR OF DEEDS and DEPUTY SHERIFF HARARE
Ruled By: MAWADZE J

In the alternative, the plaintiff's claim is that should the court make a finding against a donation, an order that the plaintiff be awarded a share which represents her contribution to the improvements on Stand No.9781 Kuwadzana Phase 3, Harare be granted and that the first defendant pays costs of suit….,. The facts alleged in respect of ...
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SC18-18 : SHORAI NZARA and AAROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN vs CECILIA KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

After title was transferred, and a subdivision was sold, developments were allegedly made to the land in dispute. It must be noted that the respondents' counsel only raised the issue of vast and substantial improvements on the property from the bar on appeal. The alleged improvements were vaguely referred to, but were not quantified. No evidence ...
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HH279-18 : CECILIA KASHUMBA vs AAROLA IDEHEN and AMOSORGE IDEHEN and OSARETIN IDEHEN and SHORAI NZARA and THE SHERIFF OF ZIMBABWE
Ruled By: MUSAKWA J

Counsel for the applicant further submitted that…, applicant is still entitled to sue for the improvements done to the property. As authority in support of this proposition counsel for the applicant cited the cases of Fantasie Farms (Pvt) Ltd and Others v (A) F.T. Manyeruke and Others (B) (1) Hippo Valley Estates Limited (2) Triangle Limited (Additional Respondents) SC65-07 ...
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HH385-13 : WEBSTER RUSHESHA (guardian of Panashe and Tivonge Rushesha) and RASAR INV PL vs ALEXIOUS DERA and ZIMCOR TRUSTEES LTD and FRANK BUYANGA and BOKA INV PL and MATTHEW BOKA and ANOR
Ruled By: ZHOU J

The issues which were referred to trial are set out in the joint pre-trial conference minute as follows: 1….,. 2….,. 3….,. 4….,. 5. Whether or not, if the plaintiffs succeed, the fourth defendant should remain in possession of the immovable property on the basis of a lien and until any such claim as it may have (has) been realized….,. The last issue to ...
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HH321-17 : NORMAN MAFERERA vs SUSAN JANUARY
Ruled By: MATANDA-MOYO J

As enunciated by SILBERBERG and SCHOEMAN in The Law of Property, 5th ed…,;“The principle that owners cannot be deprived of their property against their will means that an owner is entitled to recover property from any person who retains possession of it without his or her consent. This rule was ...
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HH260-15 : DR PARTSON ZVANDASARA vs BELVEDERE NURSING HOME (PVT) LTD
Ruled By: MATHONSI J

Writing about the doctrine of negotiorum gestio, the learned author, R H CHRISTIE, Business Law in Zimbabwe, 2nd ed, Juta Co Ltd..., stated:“This doctrine permits any person to step in and act on behalf of another with the intention of benefiting him, unless prohibited by that other.The gestor ...
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HH176-22 : NATIONAL PHARMACEUTICAL COMPANY (PVT) LTD vs WALTER NHAU
Ruled By: MUCHAWA J

This is an application for rei vindicatio made in terms of common law. The following draft order is sought:“1. The application for rei vindicatio be and is hereby granted.2. The respondent be and is hereby ordered to surrender the Mazda BT50 motor vehicle registration number AFF 1103 to the applicant's ...
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HH413-18 : LAFARGE CEMENT (ZIMBABWE) LIMITED vs MUGOVE CHATIZEMBWA
Ruled By: MATHONSI J

The applicant seeks summary judgment for the eviction of the respondent and all those claiming occupation through him from residential premises known as No.16 West Estate, Lafarge Cement in Greendale, Harare.When the respondent received the eviction summons in HC9669/17 in which the applicant sought to vindicate against the respondent, it ...
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HH501-15 : MONTCLAIR HOTEL AND CASINO vs FARAI MUKUHWA
Ruled By: MATHONSI J

Just from where do former employees think they derive the authority to hold on to property belonging to a former employer given to them for use during the subsistence of the contract of employment in the discharge of their duties as employees, after they have lost employment?This matter is one ...
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HH479-15 : STEELMAKERS ZIMBABWE (PVT) LTD vs MICHAEL MANDIVEYI
Ruled By: MATHONSI J

The respondent was employed by the applicant as a Public Relations Manager on 8 December 2011, and held that position for a period of about 2 years before his employment contract was terminated on 19 February 2014.He could not take the dismissal lying down and has been to the Labour ...
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HH586-14 : WELLINGTON TAKAWIRA vs CZI INCORPORATED (PVT) LTD
Ruled By: UCHENA J

The applicant was the respondent's employee. He resigned from employment by letter dated 1 October 2013. The respondent accepted his resignation by letter dated 6 January 2014. Through the same letter, the respondent acknowledged that it owed the applicant US$32,542=07 for salaries, pension refunds, cash in lieu of leave, and ...
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HHB14-15 : THE STATE vs ZONDIWE NCUBE
Ruled By: TAKUVA J and MUTEMA J

This matter was placed before me in terms of section 57(1)(b) of the Magistrates' Court Act [Chapter 7:10].The facts are that the accused was charged with and convicted of contravening section 114(2)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (stock theft).It was alleged in the summary jurisdiction, ...
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HB59-15 : NOMUSA NCUBE (as Executrix Dative of Estate Late Alice Nkala) vs GOODWILL NKALA
Ruled By: MOYO J

This is an opposed application for summary judgement wherein the applicant seeks the following relief:“(1) That summary judgment be and is hereby granted in favour of applicant against respondent in the following terms:(a) Respondent and all those claiming occupation through him be and are hereby ordered to vacate House Number ...
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