SC 29-13 - KANYUCHI v DRAWING SERVICES (PVT) LTD

BETTY KANYUCHI    

v

DRAWING SERVICES (PVT) LTD

 

SUPREME COURT OF ZIMBABWE

MALABA DCJ, GARWE JA & GOWORA JA

HARARE, SEPTEMBER 11, 2012 & JUNE 19, 2013

 

S Takundwa, for the appellant

W B Zhangazha, for the respondent

 

MALABA DCJ: This is an appeal from a judgment of the High Court in which it granted an application for an eviction order against the appellant on the basis that the respondent was the owner of the property known as stand number 3182 of Subdivision A of 159 of Prospect, Harare. The appellant was found not to have a right of occupation.

The appellant had challenged the vindicatory action instituted by the respondent on the basis that she had a right of occupation derived from an agreement of sale of the property entered into between her and a company called Champion Constructors (Pvt) Ltd, duly represented by one of its directors and a shareholder, Ms Elizabeth Chidavaenzi.

After hearing argument from counsel for both parties, the appeal was dismissed.  It was indicated then that reasons for the decision would follow in due course.

It was not in dispute that the respondent was the registered owner of stand number 3182 of subdivision A of 159 of Prospect, Harare. The issue before the court a quo was whether there was a binding agreement of sale which gave the appellant the right of occupation.

The court a quo found against the appellant. The question before this Court is whether the decision of the court a quo is correct on the evidence placed before it by the parties.

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