Republic of North Macedonia v Alois Chimeri and Obert Beta Guvheya and Minister of Foreign Affairs & International Trade and Minister of Local Government & Public Works

The Republic of North Macedonia sought eviction of the first and second respondents from property known as No. 41 Argyle Road, Highlands, Harare (Deed of Transfer No. 6281/1980). The property was diplomatic property historically associated with the former Socialist Federal Republic of Yugoslavia, transferred to the applicant as a successor state. The first respondent had occupied the property continuously since approximately 1992 following the departure of the former Yugoslav diplomatic mission. The applicant alleged unlawful occupation despite demand to vacate. The first respondent claimed ownership through acquisitive prescription under the Prescription Act. The third and fourth respondents did not oppose the relief sought.

• Whether the applicant established the requirements for rei vindicatio and was entitled to eviction of the respondents
• Whether the first respondent successfully established ownership through acquisitive prescription under section 4 of the Prescription Act [Chapter 8:11]
• Whether the counter-application for a declaratory order declaring the first respondent as lawful owner should succeed

1. The main application was granted. 2. The first and second respondents and all persons claiming occupation through them were ordered to vacate the property. 3. The Sheriff of Zimbabwe was authorized to evict if there was non-compliance. 4. The counter-application for a declaratory order based on acquisitive prescription was dismissed. 5. The first and second respondents were ordered to pay costs jointly and severally on the ordinary scale.

The binding legal principles are: (1) A registered owner establishes prima facie ownership through deed of transfer, satisfying the first requirement of rei vindicatio; (2) Once ownership and possession by another are proved, the onus shifts to the possessor to establish lawful retention; (3) For acquisitive prescription under section 4 of the Prescription Act [Chapter 8:11], the claimant must prove open, adverse, and continuous possession with animus domini for an uninterrupted period of 30 years; (4) Fragmented evidence of occupation does not satisfy the strict legal requirements for acquisitive prescription; (5) Mere delay by a registered owner does not establish acquisitive prescription; (6) The special status of diplomatic property under the Vienna Convention on Diplomatic Relations and the Privileges and Immunities Act [Chapter 3:03] is a relevant consideration in assessing claims of abandonment of such property.

The court observed that while Article 22 of the Vienna Convention on Diplomatic Relations provides that diplomatic premises are inviolable, this does not create absolute immunity from property law. However, the diplomatic status of premises "underscores the exceptional status of such premises and weighs heavily against the notion that abandonment occurred in the manner alleged." This observation suggests that courts should exercise particular caution when assessing claims of acquisitive prescription or abandonment regarding diplomatic property, though the precise extent of protection was not fully elaborated as it was not necessary for the decision.

This case clarifies the application of rei vindicatio in the context of diplomatic property in Zimbabwe. It affirms that registered ownership constitutes prima facie proof of title and that the burden rests on a possessor claiming acquisitive prescription to prove all statutory requirements with certainty. The judgment reinforces that the special status of diplomatic premises under international law (Vienna Convention) is relevant to property disputes and weighs against findings of abandonment. It also confirms that mere delay by a registered owner does not automatically result in acquisitive prescription, and that fragmented evidence of occupation is insufficient to discharge the onus of proving continuous possession with animus domini for the full 30-year statutory period.