Emelia Nyasha Mupeti v Kamunhu Investments (Pvt) Ltd and Constance Kamunhu (in her capacity as Executor Dative of the Estate late David Kamunhu) and Rawson Properties Estate Agents and Master of High Court

HH 334-17

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Case Details

Court

Harare High Court

Date

31 May 2017

Citation

HH 334-17

Neutral Citation

[2017] ZWHH 334

Outcome

unknown

Case Type

Application

Bench

Presiding

Foroma J

Full Bench

Foroma J

Areas of Law

Property LawCivil ProcedureContract Law

Keywords

Property transferMortgage encumbrancePurchase price refundAmendment of declarationPrescription

Key Issues

{"issue_text":"Whether the applicant should be allowed to amend her declaration","issue_type":"procedural","dispositive":"no","related_facts":"Declaration was clumsily drafted, third respondent raised exception"}
{"issue_text":"Whether the claim has prescribed","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement signed November 2012, transfer failed later"}

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background

Facts of the Case

Background

The applicant sought to amend her declaration in a property dispute where she had paid $55,000 purchase price for Stand 1576 Ardbennie Township through Rawson Properties, but transfer failed because the property was mortgaged to CBZ by the seller. The third respondent raised prescription as a defense, arguing the claim became due in November 2012 when the agreement was signed.

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