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Bulawayo High Court
Michael Tozivepi Kapfumo v Killian Mutimutema and Constance Musafare Mutimutema (Executrix Dative in the Estate of the late Augustine Mutizwa Mutimutema)
HB 115/22
Case Details
Court
Bulawayo High Court
Date
28 April 2022
Citation
HB 115/22
Neutral Citation
[2022] ZWHB 115
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Property lawEvidence lawCivil procedure
Keywords
NomineeProperty transferDeed of transferFamily arrangementCession
Tags
Property ownership disputeNominee arrangementFamily property disputeRei vindicatio
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff is entitled to transfer of stand No. 9795 Glenview from defendants into his name","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff paid purchase price, requested nominee registration, property registered in both names"}
- {"issue_text":"Whether plaintiff is entitled to holdover damages of US$500 per month","issue_type":"law","dispositive":"no","related_facts":"No lease agreement existed, family arrangement"}
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background
Facts of the Case
Background
The plaintiff, while resident in Botswana, purchased a residential stand in Glen View, Harare through his nephew and arranged for it to be registered in his sister's name as nominee. The sister and her late husband registered the property in their names and developed it. The plaintiff later demanded transfer of the property into his name, leading to this dispute over ownership.
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