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Harare High Court
Kudakwashe Blessing Shamuyarira v Davison Munodawafagoredema and Spiwe Emma Mongo and Registrar of Deeds
HH 339-17
Case Details
Court
Harare High Court
Date
31 May 2017
Citation
HH 339-17
Neutral Citation
[2017] ZWHH 339
Outcome
unknown
Case Type
Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Property LawCivil Procedure
Keywords
double salesummary judgmentres litigiosainnocent purchasertransfer of property
Tags
double salesummary judgmentres litigiosainnocent purchaser
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether summary judgment should be granted where defendant raises bona fide defence of innocent purchaser in double sale","issue_type":"procedural","dispositive":"yes","related_facts":"Second respondent claims innocence and paid higher price"}
- {"issue_text":"Whether property being res litigiosa defeats innocent purchaser defence","issue_type":"mixed","dispositive":"no","related_facts":"Prior court judgment existed at time of second sale"}
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background
Facts of the Case
Background
The applicant purchased a property from the first respondent in December 2013 for $20,000. After the first respondent attempted to renege on the agreement, the court ordered transfer to the applicant. Despite this, the first respondent sold the same property to the second respondent for $34,000 in October 2015, who took transfer and now holds title deeds. The applicant seeks summary judgment to set aside this transfer.
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