Mzweli Mkweli Mkwananzi v Leslie Bhekimpilo Sibanda and Caroline Vutabwashe and David Coltart and Josephat Tshuma and Norman James Patison and Chena Lutchman-Doolab and Z B Bank Limited and Registrar of Deeds BYO

Key Issues

• {"issue_text":"Whether 1st and 2nd defendants signed the acknowledgment of debt and special power of attorney under duress","issue_type":"mixed","dispositive":"yes","related_facts":"1st defendant confessed to misappropriation, was told cooperation would avoid arrest, signed acknowledgment hoping to avoid prosecution"}
• {"issue_text":"Whether the special power of attorney dated 15 September 2016 is invalid for want of proper notarization","issue_type":"law","dispositive":"yes","related_facts":"Power of attorney was signed by defendants, signatures not disputed, purpose was for sale of house"}
• {"issue_text":"Whether the irrevocable special power of attorney was revocable and was in fact revoked","issue_type":"law","dispositive":"yes","related_facts":"Power of attorney was coupled with interest for benefit of 3rd to 6th defendants, defendants conceded irrevocability on 17 January 2017"}
• {"issue_text":"Whether plaintiff's title to the property may be impeached","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff is innocent third party, property registered in his name, defendants failed to apply to void documents before transfer"}

Background