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Harare High Court

Grownet Investments (Private) Limited v Ruwa Local Board and The Messenger of Court Harare

[2011] ZWHH 207

Case Details

Court
Harare High Court
Date
26 October 2011
Citation
[2011] ZWHH 207
Judgment No.
HH 207-2011
Outcome
unknown
Case Type
Application

Bench

Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Property lawContract lawCivil procedure
Keywords
Specific performanceSale in executionProperty transferOwnership dispute
Tags
Specific performanceProperty transferSale in executionProperty ownership
legislation
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether specific performance should be granted where the property never belonged to the judgment debtor","issue_type":"mixed","dispositive":"yes","related_facts":"Property transferred to TA Holdings in 2004, property sold at auction in 2008"}
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background
Facts of the Case

Background

The applicant purchased immovable property at a public auction conducted by the Messenger of Court, but later discovered that the property had already been transferred to TA Holdings Limited in 2004 and never belonged to the judgment debtor. The applicant sought specific performance to compel transfer of the property or allocation of alternative land.
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