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Harare High Court
Bramwell Mhende & Anor v Cookham Inn (Pvt) Ltd & Anor
HH 45-21
Case Details
Court
Harare High Court
Date
5 February 2021
Citation
HH 45-21
Neutral Citation
[2021] ZWHH 45
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Property lawContract lawDelict
Keywords
Property transferFraudulent saleForged documentsTitle deed nullificationEjectment
Tags
Property transferFraudulent conveyanceReal estateTitle deeds
legislation
Statutes Cited
- Stamp Duties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the transfer from Mapungwana to Cookham Inn was valid","issue_type":"mixed","dispositive":"yes","related_facts":"Mapungwana claims he only borrowed money; documents were forged"}
- {"issue_text":"Whether the Mhendes obtained valid title","issue_type":"law","dispositive":"yes","related_facts":"Their title depended on the first transfer"}
- {"issue_text":"Whether Mapungwana is entitled to remain in occupation","issue_type":"mixed","dispositive":"yes","related_facts":"He claims ownership; plaintiffs claim ejectment"}
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background
Facts of the Case
Background
The plaintiffs, Bramwell and Josephine Mhende, purchased a property from Cookham Inn (Private) Limited and obtained transfer, but the second defendant Chido Tapera Mapungwana, the original owner, refused to vacate, claiming he never sold the property but only borrowed money using the house as security. He alleged the transfer documents were forged and the entire transaction fraudulent.
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