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Harare High Court
James Ginio v Memash Holdings (Pvt) Ltd and 5 Others
HH 478-21
Case Details
Court
Harare High Court
Date
15 September 2021
Citation
HH 478-21
Neutral Citation
[2021] ZWHH 478
Outcome
unknown
Case Type
Application
Bench
Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
Property LawCivil Procedure
Keywords
lis pendensdeed of grantcancellationjurisdictioninterpleaderexecution
Tags
lis pendensdeed cancellationproperty ownershipinterpleadermagistrates court jurisdiction
legislation
Statutes Cited
- Deeds Registries Act
- Deeds Registries Act
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether this application is lis pendens the pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted against magistrates court interpleader decision"}
- {"issue_text":"Whether magistrates court has jurisdiction to cancel registered deed of transfer","issue_type":"law","dispositive":"yes","related_facts":"Applicant seeks cancellation of Deed of Grant No. 3345/2016"}
- {"issue_text":"Whether lis pendens defence must be specially pleaded","issue_type":"law","dispositive":"yes","related_facts":"Respondents did not oppose application"}
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background
Facts of the Case
Background
Applicant sought cancellation of Deed of Grant No. 3345/2016 claiming ownership of property attached in execution of magistrates court judgment. Property was mortgaged by 1st-3rd respondents to 4th respondent and registered in 1st respondent's name. Applicant's interpleader claim failed in magistrates court, appeal pending.
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