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Mutare High Court

In re: The Malilangwe Trust

HMT 59-20

Case Details

Court
Mutare High Court
Date
15 September 2020
Citation
HMT 59-20
Neutral Citation
[2020] ZWHMT 59
Outcome
unknown
Case Type
Application

Bench

Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Trust lawCivil procedure
Keywords
Trust registrationNotarial deedRule 449Functus officio
Tags
Trust registrationNotarial deedsHigh Court jurisdiction
legislation
Statutes Cited
  • Deeds Registries Act
  • Deeds Registries Act
  • Deeds Registries Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the High Court has jurisdiction to register notarial deeds of trust and issue registration certificates","issue_type":"law","dispositive":"yes","related_facts":"The Malilangwe Trust applied for registration; no statutory provision grants this power to High Court"}
  • {"issue_text":"Whether the court can revoke an order erroneously granted under rule 449","issue_type":"procedural","dispositive":"yes","related_facts":"Order granted on 2 January 2020; judge realized error and initiated revocation"}
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background
Facts of the Case

Background

The Malilangwe Trust applied to the High Court for registration of its notarial deed of trust and issuance of a registration certificate. On 2 January 2020, the court granted the order. Upon realizing the order was erroneously granted as the High Court has no legal power to register notarial deeds of trust, the judge initiated proceedings to revoke the order under rule 449 of the High Court Rules.
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