Elizabeth Kashiri and Maria Rosa Matsvaire v The Registrar of Deeds N.O. and Brenda Carol Leper (In her capacity as Executrix Testamentary in the Estate of the Late Maria Johanna Francisca Logan)

HH 588-22

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Case Details

Court

Harare High Court

Date

7 September 2022

Citation

HH 588-22

Neutral Citation

[2022] ZWHH 588

Outcome

unknown

Case Type

Application

Bench

Presiding

Bachi-Mzawazi J

Full Bench

Bachi-Mzawazi J

Areas of Law

Property lawCivil procedure

Keywords

Registration of Title and Derelict Lands ActChamber applicationSubstituted serviceMaterial non-disclosureCompeting rights

Key Issues

{"issue_text":"Whether the application complies with rules governing chamber applications","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants concealed existence of third party with competing rights; matter was contentious but presented as uncontentious"}
{"issue_text":"Whether applicants have satisfied requirements for transfer of title under Registration of Title and Derelict Lands Act","issue_type":"mixed","dispositive":"no","related_facts":"Applicants failed to prove Dodzo's death, insolvency or absence; authenticity of documents doubted; competing rights exist"}

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background

Facts of the Case

Background

The applicants brought a chamber application seeking transfer of property title under the Registration of Title and Derelict Lands Act, claiming they purchased the property in 2002 but the seller disappeared. The court found they deliberately concealed material facts including the existence of a third party with competing rights who had occupied the property since 2003.

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