HH 392-18 MARTIN NYAHASHA versus K . MUTYAMBIZI and Ors

MARTIN NYAHASHA

versus

K . MUTYAMBIZI

and

SALTANA ENTEPRISES (PVT) LTD

and

CITY OF HARARE

 

 

IN THE HIGH COURT OF ZIMBABWE

DUBE J

HARARE, 24 April, 8 June 2018 and 4 July 2018

 

 

Opposed Application

 

T. Mudambanuki, for the applicant

T.T.G Musarurwa, for the 1st respondent

No appearance for the 2nd respondent

 

 

            DUBE J:  This is a stand dispute. The application is based on the following synopsis. On 25 June 2002, Viola C Chikurangeyi bought stand number 7935 Belvedere West, Harare [hereinafter referred to as the stand] from the second respondent. She in turn sold the stand to the applicant and his wife on 29 October 2003. In November 2016, the applicant discovered that the first respondent was undertaking construction on the stand. Applicant states that he has never sold his rights to anyone. He asserts that the first respondent’s conduct of carrying out constructing on his property is unlawful and infringes on his right to occupation. He seeks an order declaring him the rightful owner of the stand.

            The first respondent avers that she bought the property in question from Lazarus Kajau in 2014. Mr Kajau had bought the stand from Tawona and Tarisai Tawenga who had entered into an agreement of sale of the stand with a third party. The third party had bought the stand from the judicial manager of the second respondent on 30 April 2007. She is a bona fide purchaser of the stand. She was unaware that the applicant had bought the stand from the 

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2018