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Harare High Court
Croco Motors (Pvt) Ltd v Loveness R. Masengere and Orimbahuru Holdings (Pvt) Ltd and Registrar of Deeds, Harare N.O.
HH 833-18
Case Details
Court
Harare High Court
Date
20 December 2018
Citation
HH 833-18
Neutral Citation
[2018] ZWHH 833
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Property LawCivil ProcedureSecurity Interests
Keywords
CaveatSuretyshipProperty transferInterdictUrgency
Tags
CaveatSuretyshipProperty transferUrgent application
legislation
Statutes Cited
- {'NONE': 'No specific statutes were referenced in the judgment text provided.\n### OTHER AUTHORITIES'}
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter was urgent requiring urgent chamber application","issue_type":"procedural","dispositive":"yes","related_facts":"Timeline of events, applicant's delay in prosecuting caveat application"}
- {"issue_text":"Whether the relief sought was competent","issue_type":"procedural","dispositive":"yes","related_facts":"Interim relief sought was same as final order, non-joinder of third party who acquired title"}
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background
Facts of the Case
Background
Applicant obtained judgment against second respondent for $191,279.68 in June 2017. First respondent signed deed of suretyship in March 2018 agreeing to place caveat on her property as security. When applicant attempted to register caveat, Registrar of Deeds required court order. Applicant filed application for caveat registration in April 2018 but failed to prosecute it diligently. Meanwhile, first respondent negotiated sale of property with applicant while secretly selling to third party. Property was transferred on 7 December 2018.
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