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Harare High Court

Konono Konono v Brian Mapurisa and Cosmas Satiyo

HH 318/17

Case Details

Court
Harare High Court
Date
22 May 2017
Citation
HH 318/17
Neutral Citation
[2017] ZWHH 318
Outcome
unknown
Case Type
Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property lawContract law
Keywords
rei vindicatioownershipproperty transferagreement of sale
Tags
Property lawContract lawOwnership disputeVindicatory action
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant can be declared lawful owner of the property despite it being registered in the names of the second respondent and his wife","issue_type":"legal","dispositive":"yes","related_facts":"Applicant purchased in 2012 but did not take transfer; property transferred to second respondent in 2015"}
  • {"issue_text":"Whether the agreement of sale between the respondents should be declared invalid","issue_type":"legal","dispositive":"no","related_facts":"First respondent sold property to second respondent after selling to applicant"}
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background
Facts of the Case

Background

The applicant sought a declaratory order to invalidate an agreement of sale between the respondents and to be declared the lawful owner of a property. He had purchased the property from the first respondent in December 2012 but failed to take transfer. The first respondent later sold the property to the second respondent who took transfer in September 2015.
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