Mutare High Court - 2020 July

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3 judgments

Citation	Judgment date
July 2020
Baxter v Chirochangu & Anor (HC 145 of 2019; HMT 34 of 2020) [2020] ZWMTHC 34 (2 July 2020) Lawful purchaser may obtain ejectment and liquidated holding-over damages; s.74 protection against arbitrary eviction was inapplicable here. Property law — Ejectment (rei vindicatio) — Constitutional protection against arbitrary eviction (s.74) inapplicable to judicially ordered eviction after lawful sale; Holding-over damages — can be liquidated and awarded in non landlord-tenant contexts; Summary judgment — appropriate where plaintiff shows liquidated claim and defendant raises no bona fide triable defence.	2 July 2020
S v Katawara (CA 2 of 2020; HMT 36 of 2020) [2020] ZWMTHC 36 (2 July 2020) Appeal dismissed: conviction and restitution upheld where owner’s lack of express authorisation was proven. Criminal law – unauthorised use/borrowing of property (s116) – proof of lack of authority – credibility findings – accused's defence of assumed authorisation – burden of proof and requirement for corroboration – sentence and restitution assessment.	2 July 2020
ZIMRA & 2 Ors v Masamvu & Anor (CIV A 18 of 2019; HMT 37 of 2020) [2020] ZWMTHC 37 (2 July 2020) Appeal struck off for incurably vague, non‑specific grounds of appeal; costs awarded on attorney‑and‑client scale. Civil procedure — Appeals — Notice of appeal — Grounds must state concisely and specifically the findings of fact or rulings of law appealed against — Vague or rambling grounds incurably defective — Magistrates Court (Civil) Rules Order 31 — Consequence: appeal struck off the roll; costs attorney-and-client scale.	2 July 2020