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NZARA & ORS v KASHUMBA NO & ORS 2018 (1) ZLR 194 (S)

2018 (1) ZLR p194

Citation

2018 (1) ZLR 194 (S)

Case No

Judgment No. S-18-18

Court

Supreme Court, Harare

Judge

Garwe JA, Guvava JA & Uchena JA

Heard

2 June 2017

Judgment

12 March 2018

Counsel

T Mpofu, for the appellants
L Uriri, for the first respondent
T L Mapuranga, for the fourth respondent

Case Type

Civil appeal

Annotations

Flynote

Practice and procedure – judgment – court granting order for relief not sought – issues not raised in pleadings, evidence or argument – how judge should deal with such issue

Property and real rights – ownership – vindication – actio rei vindicatio – rights of true owner against innocent third parties – whether third party can defeat claim by true owner

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