NABANE ROY TSHUMA versus TONGAI MUSEMBURI and TENDAI MUSEMBURI and MACKSON TOTSHANE NCUBE and THE REGISTRAR OF DEEDS

Key Issues

• {"issue_text":"Whether or not the plaintiff is the owner of subdivision B of lot 257, Highlands Estate of Welmoed, known as 18 Ridgeway South Highlands","issue_type":"law","dispositive":"yes","related_facts":"Transfer registered in Tshuma's name on 5 April 1989"}
• {"issue_text":"Whether the occupation by the defendants is lawful","issue_type":"law","dispositive":"yes","related_facts":"Musemburis' prior purchase and continued occupation"}
• {"issue_text":"Whether in purchasing the property from Ncube, the plaintiff was fully aware that the property had been sold to the defendants, and proceeded to take transfer recklessly","issue_type":"fact","dispositive":"yes","related_facts":"Tshuma's knowledge of prior sale, Ncube's representation about tenants"}
• {"issue_text":"Whether the plaintiff has suffered any damages by reason of the defendants's occupation, if so, the quantum of damages","issue_type":"mixed","dispositive":"no","related_facts":"Rates paid, holding over damages claimed"}
• {"issue_text":"Whether the defendants's agreement of sale with Ncube remained of force and effect and enforceable by the defendants at the time the plaintiff acquired the property","issue_type":"law","dispositive":"yes","related_facts":"Payment defaults, cancellation letter, mortgage bond arrangements"}

Background