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Harare High Court

Johannes Muzenda Dondo versus Wildsearch Safari & Tours (Private) Limited and Requit (Private) Limited and Registrar of Deeds

HH 248-23

Case Details

Court
Harare High Court
Date
13 April 2023
Citation
HH 248-23
Neutral Citation
[2023] ZWHH 248
Outcome
unknown
Case Type
Trial

Bench

Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Property LawCivil ProcedurePrescription Law
Keywords
Fraudulent transferPrescriptionDeed of transferConstructive noticeProperty cancellation
Tags
Fraudulent transferPrescriptionProperty lawDeed of transfer
legislation
Statutes Cited
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the plaintiff's claim for cancellation of the deed of transfer has prescribed under the Prescription Act","issue_type":"law","dispositive":"yes","related_facts":"Transfer occurred in July 2002, plaintiff discovered fraud in 2018, summons issued in August 2022"}
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background
Facts of the Case

Background

Plaintiff purchased property in November 1998 but title was never transferred to him. The property was fraudulently transferred to the first and second defendants in July 2002. Plaintiff discovered the fraud through his daughter's deeds search in 2018 and issued summons in August 2022, claiming cancellation of the deed of transfer.
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