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Harare High Court
Diogenes-Alexander Chauke (Represented by Mahlomulo Chauke, in his capacity as father and natural guardian) v Estrelac Investments (Pvt) Ltd and Tredcor Zimbabwe (Pvt) Ltd and Registrar of Deeds Bulawayo N.O
HH 335-17
Case Details
Court
Harare High Court
Date
31 May 2017
Citation
HH 335-17
Neutral Citation
[2017] ZWHH 335
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Property lawCivil procedure
Keywords
Agreement of saleCaveatTransfer of propertyPersonal rightsReal rights
Tags
Property transferCaveatThird party rights
legislation
Statutes Cited
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant acquired real rights through agreement of sale entitling him to transfer despite caveat","issue_type":"law","dispositive":"yes","related_facts":"Agreement signed before caveat, no transfer effected"}
- {"issue_text":"Whether special circumstances exist to warrant upliftment of caveat","issue_type":"mixed","dispositive":"yes","related_facts":"Full price paid, possession taken, tax dispute delayed transfer"}
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background
Facts of the Case
Background
The applicant, a minor represented by his father, entered into an agreement of sale with the first respondent for Stand 979 Dulibadzimu, Beitbridge on 25 March 2014. The second respondent obtained a default judgment against the first respondent on 26 March 2014 and placed a caveat on the property. The applicant sought transfer of the property and upliftment of the caveat, arguing he had purchased the property before the judgment.
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