MOSLEY MASHINGAIDZE

versus

PRECIOUS CHIPUNZA

HIGH COURT OF ZIMBABWE

MATANDA-MOYO J

HARARE, 9 October 2017 & 25 April 2018

Civil Continuous Roll

R.F. Mushoriwa, for the plaintiff

Advocate Hashiti, for the defendant

            MATANDA-MOYO J: Plaintiff sued defendant by way of summons for the following relief;

a)      An order evicting defendant and all those claiming occupation through him from plaintiff’s premises known as number 20 Saint Stephens Road, Meyrick Park, Harare.

b)      Holding over damages in the sum of $500.00 per month with effect from 1 November 2011 to date of vacation on eviction and

c)      Costs of suit on a legal practitioner-client scale.        

            Plaintiff alleged that he is the owner of number 20 Saint Stephens Road, Meyrick Park, Harare which is described as stand 3206 Marbelreign Township 17 of Greeba of Mabelreign measuring 1065 square metres, held under deed of transfer 4941/2011 dated 18 October 2011. Defendant is in occupation of that property. As a result of such occupation by defendant, plaintiff alleged he is suffering $500.00 per month, holding over damages from 1 November 2011. The $500 represents the amount, the plaintiff would realise from renting out the above property.

            Defendant disputed plaintiff’s ownership of the property. Defendant instead claimed ownership of the property. It is defendant’s case that if plaintiff indeed holds title to the property