Bridget Koroni and Pamela Zvidzai v Desmond Rusere and Callista Nyasha Munengwa and City of Harare and Theresa Chinodakufa

HH 304-11

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Case Details

Court

Harare High Court

Date

7 December 2011

Citation

HH 304-11

Neutral Citation

[2011] ZWHH 304

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Property lawCivil procedure

Keywords

FraudRescissionProperty cessionForged documentsNullity

Key Issues

{"issue_text":"Whether a judgment obtained through fraud should be set aside","issue_type":"law","dispositive":"yes","related_facts":"Forged signatures on founding affidavit and Power of Attorney"}
{"issue_text":"Whether the first and second respondents were innocent purchasers","issue_type":"fact","dispositive":"no","related_facts":"They purchased after seeing HC 6/06 order"}
{"issue_text":"Whether the application was filed out of time","issue_type":"procedural","dispositive":"no","related_facts":"Application filed in 2009 for 2008 judgment"}

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background

Facts of the Case

Background

The applicants sought rescission of a 2008 judgment that transferred property to the first and second respondents, alleging the judgment was obtained through fraud. The property originally belonged to their late grandfather Zvidzai Moses Koroni. A forensic report confirmed that signatures on the founding affidavit and power of attorney were forged.

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