Paddington Kapfudza v Lawrence Billiat and The Registrar of Deeds and The Sheriff of the High Court NO

[2025] ZWHCC 20

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Case Details

Court

Chinhoyi High Court

Date

26 March 2025

Citation

[2025] ZWHCC 20

Judgment No.

HCC 20/25

Outcome

unknown

Case Type

Application

Bench

Presiding

Bachi Mzawazi J

Full Bench

Bachi Mzawazi J

Areas of Law

Property LawCivil Procedure

Keywords

summary judgmentagreement of saleinstalment salesimulated contractevictionusurious loan

Key Issues

{"issue_text":"Whether the applicant is entitled to summary judgment for eviction","issue_type":"procedural","dispositive":"yes","related_facts":"existence of signed agreement, acknowledgment of receipt, first respondent's defence"}
{"issue_text":"Whether the transaction was a genuine agreement of sale or a simulated contract","issue_type":"mixed","dispositive":"no","related_facts":"terms of agreement, valuation report, circumstances of transaction"}

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background

Facts of the Case

Background

The applicant sought summary judgment for eviction of the first respondent from a property, claiming it was purchased under an instalment sale agreement. The first respondent denied it was a genuine sale, alleging it was a disguised usurious loan transaction.

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