Memory Manyanga (as Executrix Dative of estate Levyson Simbarashe Manyanga) v Patricia Darangwa (as Executrix Dative of estate Happison Sarimana) & 2 Ors

HH 35-23

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Case Details

Court

Harare High Court

Date

19 January 2023

Citation

HH 35-23

Neutral Citation

[2023] ZWHH 35

Outcome

unknown

Case Type

Trial

Bench

Presiding

TSANGA J

Full Bench

TSANGA J

Areas of Law

Property lawEstate law

Keywords

Stand cessionProperty swopEstate re-registrationEvictionNullity

Key Issues

{"issue_text":"Whether the counter-claim for eviction should succeed","issue_type":"mixed","dispositive":"yes","related_facts":"Property registration in Samuel's name, Memory's occupation since 1998, alleged swop transaction"}
{"issue_text":"Whether the sale and cession to Samuel Sarimana is valid","issue_type":"law","dispositive":"yes","related_facts":"Estate re-registration, Master's authority, Happison's prior divestment of rights"}

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background

Facts of the Case

Background

Memory Manyanga claimed ownership of Stand 2193 Tshovani Township having occupied and developed it since 1998, alleging her late husband bought it from Simeon Tivaone who had swopped it with Happison Sarimana. Happison's estate was registered in 1997 declaring no immovable property. In 2016 the estate was re-registered and the stand sold to Samuel Sarimana who sought eviction. Court found the swop occurred and Happison had divested himself of rights.

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