Equity Properties (Private) Limited v Alshams Global BVI Limited & Anor (The Registrar of Deeds)

[2021] ZWSC 101

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Case Details

Court

Supreme Court

Date

27 September 2021

Citation

[2021] ZWSC 101

Judgment No.

SC 101/21

Outcome

unknown

Case Type

Appeal

Bench

Presiding

KUDYA AJA

Full Bench

BHUNU JAUCHENA JAKUDYA AJA

Areas of Law

Commercial LawProperty LawBanking Law

Keywords

Bankers AcceptancesTitle DeedInterdictUrgencyMandamusSecurity

Key Issues

{"issue_text":"Whether the court a quo correctly determined that the matter was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Appellant continued using duplicate deed after rescission; first respondent acted promptly after negotiations failed"}
{"issue_text":"Whether the requirements of an interim interdict were satisfied","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent held original deed as security; appellant refused to surrender duplicate deed"}
{"issue_text":"Whether the court a quo granted a final interdict on an interim basis","issue_type":"procedural","dispositive":"no","related_facts":"Provisional order suspended transactions pending final determination"}

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background

Facts of the Case

Background

The appellant fraudulently obtained a duplicate title deed through default judgment, used it to subdivide and sell stands on Lot 3 of Bannockburn, and continued using it even after the default judgment was rescinded by the Supreme Court, prompting the first respondent to seek urgent interim relief to prevent further dissipation of the property.

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