Kundai Makuzva & Yeukai Cheu (Nee Makuzva) v Viola Machera (Nee Makuzva) & Nengomasha Family Trust & Wilson Tatenda Manase N.O & Master of the High Court & Registrar of Deeds & Virimai Makuzva

SC 58/24

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Case Details

Court

Supreme Court

Date

17 May 2024

Citation

SC 58/24

Neutral Citation

[2024] ZWSC 58

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA JA

Full Bench

MAVANGIRA JACHITAKUNYE JAMWAYERA JA

Areas of Law

Property LawEstate Law

Keywords

immovable propertyestatetransfer nullificationlocus standiprescription

Key Issues

{"issue_text":"Whether the appeal was properly before the court given failure to file proof of service on the sixth respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Proof of service not filed; sixth respondent out of jurisdiction"}
{"issue_text":"Whether the relief of remittal was competent","issue_type":"procedural","dispositive":"no","related_facts":"Merits not determined in court a quo"}

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Facts of the Case

Background

The appellants appealed against a High Court judgment that struck off their application seeking nullification of two transfers of immovable property in the estate of the late Muchandibaya Makuzva. The property was first transferred to Viola Machera and then to the Nengomasha Family Trust. The Supreme Court heard preliminary objections regarding compliance with rules of service.

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