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Harare High Court
Elizabeth Musavengana and Kudakwashe Chikwara (In his capacity as the Executor Dative of the Estate Late Rebecca Derera) v Shephard Mufudzi Chirisa and Audrey Mufudza and Beverley Building Society and Registrar of Deeds
HH 35-2006
Case Details
Court
Harare High Court
Date
22 March 2006
Citation
HH 35-2006
Neutral Citation
[2006] ZWHH 35
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Property lawContract law
Keywords
Double salePrior agreementNoticeTransferSpecific performance
Tags
Double saleImmovable propertySpecific performanceMortgage bond
legislation
Statutes Cited
- Deeds Registry Act
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether second defendant had prior notice of sale between plaintiffs and first defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Second defendant viewed property with first defendant and was warned by plaintiffs"}
- {"issue_text":"Whether second defendant had notice prior to transfer","issue_type":"mixed","dispositive":"yes","related_facts":"Second defendant admitted knowledge by September/October 1998, transfer occurred September 2000"}
- {"issue_text":"Whether special circumstances exist to deny specific performance","issue_type":"law","dispositive":"yes","related_facts":"Second defendant paid full price, discharged mortgage, plaintiffs in occupation"}
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background
Facts of the Case
Background
Two widows in a polygamous union purchased immovable property from the first defendant in 1993 and occupied it. The first defendant later sold the same property to the second defendant who obtained transfer in 2000 despite having notice of the prior sale. The plaintiffs sought to set aside the transfer and enforce their prior agreement.
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