Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Harare High Court
Edward Collin Gardner versus Dampier Development and others
HH 72-010
Case Details
Court
Harare High Court
Date
1 June 2009
Citation
HH 72-010
Neutral Citation
[2009] ZWHH 72
Outcome
unknown
Case Type
Application
Bench
Presiding
Makoni J
Full Bench
Makoni J
Areas of Law
Property LawCivil ProcedureContract Law
Keywords
Res litigiosaSpecific performanceVindicatory actionProperty transferDominion over property
Tags
Property LawRes LitigiosaSpecific PerformanceVindicatory Action
legislation
Statutes Cited
- G
- u
- n
- -
- F
- r
- e
- e
- S
- c
- h
- o
- o
- l
- Z
- o
- n
- e
- s
- A
- c
- t
- o
- f
- 1
- 9
- 9
- 0
- (
- 1
- 8
- U
- .
- S
- .
- C
- .
- §
- 9
- 2
- 2
- (
- q
- )
- )
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the operation of the doctrine of litigiosity results in dominion over property being lost","issue_type":"law","dispositive":"yes","related_facts":"Closure of pleadings in case HC 11495/04"}
- {"issue_text":"Whether the sale and transfer of property to second and third respondents and subsequently to fourth respondent is null and void","issue_type":"law","dispositive":"yes","related_facts":"Property transfers occurred while res litigiosa"}
- {"issue_text":"Whether applicant can successfully claim the property from fourth respondent as bona fide transferee","issue_type":"law","dispositive":"yes","related_facts":"Applicant only acquired personal right, fourth respondent is bona fide"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Applicant Edward Collin Gardner entered into an agreement of sale with first respondent Dampier Development for a property in July 2004. After obtaining judgment for specific performance in case HC 11495/04, the first respondent sold the same property to second and third respondents, who then sold it to fourth respondent. Applicant seeks to set aside these subsequent transfers and compel transfer to himself.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →
Legal Intelligence
for Africa.
for Africa.
Zalari is Zimbabwe and Southern Africa's leading AI-powered legal research platform, built by DeepCounsel and powered by Nyamaropa Technologies. Search Zimbabwe Supreme Court and High Court case law instantly, get AI-generated answers with full source citations, and access the most comprehensive corpus of Zimbabwean and Southern African jurisprudence available online. Zalari is the go-to legal AI platform for attorneys, advocates, law students, judges, and corporate counsel across Zimbabwe and South Africa — delivering faster research, smarter insights, and a competitive edge in legal practice. Zalari does not provide legal advice. Always consult a qualified legal practitioner for advice specific to your situation. © 2026 DeepCounsel — a legal technology company democratising access to legal knowledge in Africa.