Hamilton Property Holdings Limited v Estate Late Cyprian Musarurwa and Joseph Machipisa and Registrar of Deeds N.O. and The Master of the High Court

HH 81-21

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Case Details

Court

Harare High Court

Date

9 March 2021

Citation

HH 81-21

Neutral Citation

[2021] ZWHH 81

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Property lawContract lawSpecific performance

Keywords

Agreement of saleSubdivisionDouble saleSpecific performanceDeclaratur

Key Issues

{"issue_text":"Whether the subdivision permit should be declared null and void","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's prior purchase of entire property; subsequent subdivision and sale to second respondent"}
{"issue_text":"Whether the applicant is entitled to specific performance by transfer of the entire property","issue_type":"mixed","dispositive":"yes","related_facts":"Valid contract of sale; full payment made; no transfer effected"}
{"issue_text":"Whether the transaction was a sale or a loan arrangement","issue_type":"fact","dispositive":"no","related_facts":"Documentary evidence of sale agreement; respondents' allegation of loan"}

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background

Facts of the Case

Background

The applicant purchased a property from Cyprian Musarurwa in 2009 and paid the full purchase price. Before transfer could be effected, Musarurwa subdivided the property and sold a portion to the second respondent. The applicant sought a declaration that the subdivision permit was null and void and an order compelling transfer of the entire property.

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