Kudzanai Makombe v Rhoden Munyoro & Anor

HH 590-23

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Case Details

Court

Harare High Court

Date

31 October 2023

Citation

HH 590-23

Neutral Citation

[2023] ZWHH 590

Outcome

unknown

Case Type

Special Plea

Bench

Presiding

MHURI J

Full Bench

MHURI J

Areas of Law

Property lawCivil procedure

Keywords

Transfer cancellationFraudDerelict Lands ActCourt orderBrutum fulmen

Key Issues

{"issue_text":"Can a party seek reversal of a property transfer effected under an extant court order without first applying to set aside that court order?","issue_type":"procedural","dispositive":"yes","related_facts":"First defendant's transfer was effected under extant court order HC 2029/21"}

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Facts of the Case

Background

Plaintiff claimed transfer of property she had purchased in 1989 and obtained a court order for transfer in January 2022. First defendant also obtained a court order for transfer of the same property in November 2021, and his transfer was effected first. Plaintiff sought cancellation of first defendant's transfer alleging fraud, but first defendant raised special plea that the transfer cannot be reversed without first setting aside the court order that authorized it.

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