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Harare High Court
Beatrice Makanyara (Nee Tasara) v Tapiwa Wamambo and Registrar of Deeds Harare and Registrar of Deeds Bulawayo and Kwekwe City Council and Masvingo City Council and Norton Town Council and Gweru City Council
HH 463-22
Case Details
Court
Harare High Court
Date
11 July 2022
Citation
HH 463-22
Neutral Citation
[2022] ZWHH 463
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Family LawCivil ProcedureProperty Law
Keywords
matrimonial property disputepower of attorney defectsaffidavit irregularitiesurgent interdict
Tags
matrimonial propertypower of attorneyurgent applicationinterdict
legislation
Statutes Cited
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- p
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- 1
- 9
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- 1
- J
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- i
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- A
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- 1
- 9
- 7
- 4
- C
- r
- i
- m
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- J
- u
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- i
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- A
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- 2
- 0
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- 3
- H
- u
- m
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- A
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- 1
- 9
- 9
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- (
- A
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an affidavit deposed to by an agent with power of attorney who assumes the personality of the principal is valid and admissible","issue_type":"procedural","dispositive":"yes","related_facts":"The deponent used \"I\" throughout, referred to marriage as his own, claimed directorship of companies"}
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background
Facts of the Case
Background
The applicant and first respondent are husband and wife residing in England and Finland respectively. The applicant brought an urgent chamber application seeking to interdict the first respondent from disposing of various immovable properties pending matrimonial property division proceedings under case HC 2517/22. The first respondent, through his legal practitioners, filed a notice of opposition with an affidavit deposed to by Nyasha Mubaira who held a general power of attorney.
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