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Harare High Court
KLACID INVESTMENTS (PRIVATE) LIMITED versus LIVRE INVESTMENTS (PRIVATE) LIMITED
HH 228-24
Case Details
Court
Harare High Court
Date
6 June 2024
Citation
HH 228-24
Neutral Citation
[2024] ZWHH 228
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Civil procedureProperty lawJudgment enforcement
Keywords
SuperannuationJudgment enforcementProperty transferPoint in limine
Tags
Property transferSuperannuation of judgmentPoint in limine
legislation
Statutes Cited
- High Court Rules 2021
- Prescription Act [Chapter 8:11]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court could enforce an order which had superannuated before such order was revived","issue_type":"law","dispositive":"yes","related_facts":"Order was 16 years old, applicant sought to enforce it"}
- {"issue_text":"Whether superannuation applies to orders for property transfer","issue_type":"law","dispositive":"yes","related_facts":"Order required transfer of immovable property"}
- {"issue_text":"What is the period of superannuation under Roman Dutch common law","issue_type":"law","dispositive":"yes","related_facts":"Dispute over whether period is 3 years or 30 years"}
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background
Facts of the Case
Background
Applicant seeks to enforce a court order from 2006 (case HC 3630/05) compelling respondent to transfer three stands. Applicant claims to have paid the balance of purchase price in September 2006. Respondent opposed and raised a point in limine that the order had superannuated after 16 years without enforcement.
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