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Harare High Court
Farai Nigel Chitsinde and Nyasha Amanda Chitsinde v Stanny Musa and The Registrar of Deeds and The Deputy Sheriff
HH 274-2010
Case Details
Court
Harare High Court
Date
15 December 2010
Citation
HH 274-2010
Neutral Citation
[2010] ZWHH 274
Outcome
unknown
Case Type
Application
Bench
Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Property LawContract LawTax Law
Keywords
property saletax evasionmultiple agreementsres judicata
Tags
property transfersale agreementcapital gains tax evasionres judicata
legislation
Statutes Cited
- Stamp Duties Act
- Stamp Duties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is res judicata based on the previous judgment in HC 4673/05","issue_type":"procedural","dispositive":"yes","related_facts":"Previous judgment by GOWORA J declared the sale agreement void"}
- {"issue_text":"Whether the illegal portion of the transaction can be severed from the legal portion","issue_type":"mixed","dispositive":"no","related_facts":"Three agreements with different prices, only one declared void by GOWORA J"}
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background
Facts of the Case
Background
The applicants sought to enforce a property sale agreement involving three contracts with different prices intended to evade capital gains tax. A previous judgment by GOWORA J had declared the transaction illegal and void. The applicants argued the court should sever the illegal portion and enforce the legitimate part.
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