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Harare High Court
NARRU (PRIVATE) LIMITED versus GOLD RENK ENTERPRISES (PRIVATE) LIMITED and SALIM SULEMAN DESAI and THE FAMILY BUSINESS ENTERPRISE (PRIVATE) LIMITED and LAWS ORGANISATION (PRIVATE) LTD and REGISTRAR OF DEEDS N.O
HH 825-22
Case Details
Court
Harare High Court
Date
16 November 2022
Citation
HH 825-22
Neutral Citation
[2022] ZWHH 825
Outcome
unknown
Case Type
Trial
Bench
Presiding
NDLOVU J
Full Bench
NDLOVU J
Areas of Law
Property LawConveyancing Law
Keywords
Fraudulent transferTitle deed cancellationConveyancer negligenceDeclaratory order
Tags
Property fraudTitle deed cancellationConveyancer negligence
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Discovery of fraud in 2013, transfer occurred in 2004"}
- {"issue_text":"Whether there was valid sale and transfer of property","issue_type":"mixed","dispositive":"yes","related_facts":"Forged documents, fraudulent details, no consent"}
- {"issue_text":"Whether estoppel applies against plaintiff","issue_type":"law","dispositive":"no","related_facts":"Third defendant relied on title deed, plaintiff had actual title deed"}
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background
Facts of the Case
Background
Plaintiff discovered in 2013 that its title deed to property No. 109 Henley Drive, Waterfalls, Harare had been fraudulently cancelled and the property transferred to first defendant in 2004 and then to third defendant in 2005. Plaintiff alleged the transfers were effected using forged documents and without its knowledge or consent.
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