The first respondent, Molly Chiuraise, married Walter Style Matumba in 1993. Matumba entered into a lease-to-buy agreement with the Ministry of Local Government and National Housing for Stand Number 8916, Chesvingo Township, Masvingo in 1999. Between 2001-2002, the appellant Grace Shuro and her husband Simbarashe Shuro occupied the property. The appellant claimed her husband purchased the property from Matumba for $600,000 and produced a written agreement, while the first respondent claimed they were paying rentals. Matumba died in January 2005. The first respondent administered his estate and the property was ceded to her in December 2006. Simbarashe Shuro died in May 2009. In December 2014, the first respondent sued for eviction of the appellant, arrear rentals of $14,000 and holding over damages of $6.67 per day. The High Court granted the eviction order and awarded the rentals and damages. The appellant appealed.
The appeal succeeded partially. The order for eviction was upheld. Paragraphs 2, 3 and 4 of the High Court order (relating to arrear rentals and holding over damages) were set aside and replaced with absolution from the instance in respect of those claims. The appellant was ordered to pay the costs of the appeal.
A lessee-to-buy under a lease-to-purchase agreement who has been given vacant possession and has assumed physical control over property acquires a real right entitling them to evict trespassers, even without having obtained title or a cession of action from the registered owner. An agreement purporting to sell property held under a lease-to-buy arrangement without the consent of the registered owner/seller is null and void for lack of authority. A party claiming arrear rentals and damages bears the onus of proving the quantum of such claims with evidence; failure to do so results in absolution from the instance.
The Court made observations about the rights of spouses under Zimbabwean law, noting that a wife's rights to immovable property belonging to her husband are limited and personal inter se, and can be defeated as against third parties who have no notice of her claims. The Court also noted that under section 3A of the Deceased Estates Succession Act, a surviving spouse is entitled to receive the house from the free residue of the estate, but only where the estate has been properly registered and an executor appointed. The Court commented unfavorably on the practice of filing repetitious and prolix grounds of appeal, emphasizing that grounds should be formulated with clarity and precision.
This case clarifies important principles in Zimbabwean property law regarding: (1) the real rights acquired by a lessee-to-buy who assumes physical possession, even without title; (2) the requirement for consent from the registered owner/seller before a lessee-to-buy can validly dispose of property rights; (3) the limited rights of a spouse in property registered in the other spouse's name alone, which are personal inter se and do not affect third parties; and (4) the evidentiary burden to prove quantum of damages claimed. The case reinforces the principle that appellate courts should be slow to interfere with factual findings and credibility assessments made by trial courts.