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Harare High Court
Crieff Investments (Pvt) Ltd and Aldawilia Investments (Pvt) Ltd v Grant Home Centre (Pvt) Ltd and Tapiwa Givemore Kasuso and Stewart Nyamushaya and The Registrar of Deeds
HH 734-18
Case Details
Court
Harare High Court
Date
16 October 2018
Citation
HH 734-18
Neutral Citation
[2018] ZWHH 734
Outcome
unknown
Case Type
Trial
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Property lawContract lawEstoppel
Keywords
EstoppelProperty transferFraudMandateMisrepresentation
Tags
Property lawEstoppelFraudReal estate
legislation
Statutes Cited
- None identified – the court decided the matter purely on common-law principles.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether or not the Plaintiffs should be estopped from alleging that the second and the third defendants had no mandate to sell the property?","issue_type":"law","dispositive":"yes","related_facts":"Plaintiffs' silence and inaction; first defendant's reliance and prejudice"}
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background
Facts of the Case
Background
The plaintiffs owned immovable property that was fraudulently sold by their former legal practitioners (second and third defendants) to the first defendant in 2009. The second defendant was later convicted of fraud. The plaintiffs sought to reclaim their property, and the first defendant raised estoppel as a defence.
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