The plaintiff Stephen Pasipanodya in his capacity as the executor to the estate of the late Edna Pasipanodya issued summons against the late Betty Ruwizhi in her capacity as the successor to the estate of the late John Ruwizhi and the Director of Housing Municipality of Chitungwiza on 18 November 2003 claiming cession of rights over stand number 11192 Rusununguko Zengeza 4 Chitungwiza, certificate of occupation of the same, an eviction order against the late Betty Ruwizhi and all those claiming occupation through her and costs of suit.
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The plaintiff concluded an agreement of sale with the second defendant on 20 January 2003 and took registered title of the immovable property, stand number 2946 Gwelo Township of Gwelo Township Lands, also known as 40 Mcllwaine Southdowns, Gweru, on 19 February 2003.
The first defendant, Mrs Gwanzura, is the former wife of the second defendant, Mr Gwanzura. Their marriage of 19 years was dissolved by the High Court sitting at Bulawayo on 23 July 2002 in case number HC 2877/98. The divorce order, inter alia, apportioned the house between the defendants
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