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Harare High Court
David Ephragenyasha Muchinguri and Darryl Nyasha Muchinguri and Sagnol International (Pvt) Ltd v Frank Buyanga and Zimcor Trustees Ltd and Cont River Investment (Pvt) Ltd and Registrar of Deeds, Companies and Intellectual Property NO
HH 651-25
Case Details
Court
Harare High Court
Date
21 October 2025
Citation
HH 651-25
Neutral Citation
[2025] ZWHH 651
Outcome
unknown
Case Type
Application
Bench
Presiding
Mhuri J
Full Bench
Mhuri J
Areas of Law
Property LawContract LawPrescription
Keywords
fraudprescriptionsimulated agreementdeclaraturnullity
Tags
prescriptionfraudsimulated contractproperty transfer
legislation
Statutes Cited
- Prescription Act
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does a suit based on fraud prescribe?","issue_type":"law","dispositive":"yes","related_facts":"Simulated agreement, fraudulent transfer"}
- {"issue_text":"Are the plaintiffs' claims based on fraud or the agreement of sale?","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of simulated agreement, subsequent transactions"}
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background
Facts of the Case
Background
The plaintiffs sought declaratory relief to set aside a simulated agreement of sale and subsequent property transfer, alleging fraud. The third defendant raised a special plea of prescription, arguing the claims were time-barred as they related to a 2008 agreement and 2009 property transfer.
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