Pambana Kudakwashe v Muzira Mathias and Chitungwiza Municipal Council and Blandina Dziva

HH 52-2006

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Case Details

Court

Harare High Court

Date

11 May 2006

Citation

HH 52-2006

Neutral Citation

[2006] ZWHH 52

Outcome

unknown

Case Type

Application

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Property lawContract lawCustomary law

Keywords

Sale agreementCessionCouncil consentCustomary marriageNemo dat quod non habet

Key Issues

{"issue_text":"Whether the Sale Agreement between applicant and 1st respondent is valid and enforceable without council consent","issue_type":"law","dispositive":"yes","related_facts":"Council Agreement clause 21 requiring consent; absence of council consent"}
{"issue_text":"Whether the 1st respondent could transfer title to property when title had not vested in him","issue_type":"law","dispositive":"yes","related_facts":"Council Agreement conditions precedent; nemo dat principle"}
{"issue_text":"Whether the 3rd respondent is entitled to continue occupation of the property","issue_type":"mixed","dispositive":"no","related_facts":"Continuous occupation since 1980; payment of rates; improvements made"}

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background

Facts of the Case

Background

The applicant sought eviction of the 1st respondent and cession of rights to Stand 15724 in Chitungwiza, claiming to have purchased it from him. The 3rd respondent, the 1st respondent's customary law wife, opposed the application and filed a counter-application. The property was allocated by Chitungwiza Municipal Council to the 1st respondent under a certificate of occupation, with a purchase agreement requiring council consent for any transfer.

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