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SUPA PLANT INVESTMENTS (PVT) LTD v CHIDAVAENZI 2009 (2) ZLR 132 (H)

2009 (2) ZLR p132

Citation

2009 (2) ZLR 132 (H)

Case No

Judgment No. HH-92-09

Court

High Court, Harare

Judge

Makarau JP

Heard

7 May 2009

Judgment

9 September 2009

Counsel

G C Chikumbirike, for the applicant
A A Debwe, for the respondent

Case Type

Civil application

Annotations

Link to case annotations

Flynote

Contract – res litigiosa – alienation of – after litis contestatio is reached res may not be alienated – right of successful plaintiff to recover res by execution from possessor without fresh proceedings

Practice and procedure – application proceedings – material dispute of fact – what is – court unable to resolve dispute between the parties in the absence of further evidence

Practice and procedure – res litigiosa – after litis contestatio is reached res may not be alienated – right of successful plaintiff to recover res by execution from possessor without fresh proceedings

Property and real rights – res litigiosa – alienation of – purchaser bound by judgment – successful plaintiff entitled to recover res from new possessor

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