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Bulawayo High Court
Godfrey Zacharia Nyahonzo v Onias Gasela and The City of Bulawayo
HB 145/22
Case Details
Court
Bulawayo High Court
Date
2 June 2022
Citation
HB 145/22
Neutral Citation
[2022] ZWHB 145
Outcome
unknown
Case Type
Application
Bench
Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA J
Areas of Law
Property LawCivil Procedure
Keywords
executionimmovable propertyregistrationcessiondeclaratory order
Tags
executionproperty attachmentdeclaratory order
legislation
Statutes Cited
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether property registered in third party's name can be declared executable against judgment debtor who purchased but never took transfer","issue_type":"law","dispositive":"yes","related_facts":"Property registered in Valencia Gumbo's name; 1st respondent purchased but never transferred"}
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background
Facts of the Case
Background
Applicant obtained a judgment against first respondent for USD12,000. Messenger of Court made a nulla bona return. Applicant seeks declaratory order that Stand 25259 Pumula South, registered in name of Valencia Gumbo but occupied by first respondent, be declared executable. First respondent purchased property from Valencia Gumbo in 2010/2011 but never took transfer. Property remains registered in Valencia Gumbo's name.
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