James Sijabuliso Sibanda v Wilson Tendai Donzwa and Meron Matewere and Registrar of Deeds, Harare

HH 401-13

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Case Details

Court

Harare High Court

Date

8 November 2013

Citation

HH 401-13

Neutral Citation

[2013] ZWHH 401

Outcome

unknown

Case Type

Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Property LawContract Law

Keywords

property transfersale agreementbuy-back optionpayment disputecancellation

Key Issues

{"issue_text":"Whether the applicant was entitled to nullification of the property transfer","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's failure to exercise buy-back option; his facilitation of the transfer"}
{"issue_text":"Whether Donzwa had paid the full purchase price","issue_type":"fact","dispositive":"no","related_facts":"Conflicting payment schedules; receipts provided by Donzwa"}
{"issue_text":"Whether the applicant had knowledge of the transfer to Matewere","issue_type":"fact","dispositive":"no","related_facts":"Applicant's attendance at ZIMRA; his correspondence about rent"}

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background

Facts of the Case

Background

The applicant sought nullification of a property transfer from first to second respondent and reinstatement of his title deed, claiming the buyer had not paid in full and had breached a buy-back option. He later abandoned the cancellation claim but sought unspecified maintenance of "status quo ante."

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