Foly Cornishe (Private) Limited and John Humphreys v Shingirayi Tapomwa N.O. and Estate Late Misheck Tapomwa and T E Mudambanuki and Mantsebo and Company and Admire Rubaya and Registrar of Deeds

HH 276-11

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Case Details

Court

Harare High Court

Date

16 November 2011

Citation

HH 276-11

Neutral Citation

[2011] ZWHH 276

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Property LawDeeds RegistryCivil Procedure

Keywords

Deed of TransferSection 8 Deeds Registry ActDefault JudgmentJurisdictionCancellation of Deed

Key Issues

{"issue_text":"Does the High Court have jurisdiction to cancel a deed of transfer effected pursuant to an extant magistrate court order under section 8 of the Deeds Registry Act?","issue_type":"procedural","dispositive":"yes","related_facts":"Transfer effected pursuant to magistrate court order; applicants seeking cancellation under s 8 of Deeds Registry Act"}
{"issue_text":"Was the magistrate court order a nullity that can be ignored?","issue_type":"law","dispositive":"no","related_facts":"Applicants claim magistrate court lacked jurisdiction; order granted ex parte"}

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background

Facts of the Case

Background

The applicants sought cancellation of a deed of transfer and revival of an earlier deed, claiming the magistrate court order that led to the transfer was a nullity. The property had been transferred to the Estate Late Misheck Tapomwa pursuant to a default judgment obtained in the magistrate court in 2008.

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