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Harare High Court
Julian F Bowl and Oliver J Bowl v Kangausaru Investment (Private) Limited
HH 158-23
Case Details
Court
Harare High Court
Date
1 March 2023
Citation
HH 158-23
Neutral Citation
[2023] ZWHH 158
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Property LawCompany LawContract Law
Keywords
Share certificatesDouble saleOwnership transferProperty occupationConsent order
Tags
Share certificate disputeDouble saleProperty ownershipEviction
legislation
Statutes Cited
- No specific statutes were cited in this judgment. The court relied entirely on common law principles and precedents.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Who owns the 3000 Class F shares that confer rights to occupy Unit 8, 75 Roberts Drive","issue_type":"mixed","dispositive":"yes","related_facts":"Double sale of same shares, two share certificates issued, earlier certificate not cancelled"}
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background
Facts of the Case
Background
The applicants claimed ownership of 3000 Class F shares in a property scheme which they alleged conferred rights to occupy Unit 8, 75 Roberts Drive, Msasa, Harare. They sought eviction of the respondent who claimed to be the lawful owner of the same shares based on an earlier purchase. The court found this was a double-sale situation where the respondent's earlier purchase took precedence.
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