Patricia Darangwa N.O. v Africa Sun Limited and City of Harare and Master of the High Court

HH 400-25

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Case Details

Court

Harare High Court

Date

7 July 2025

Citation

HH 400-25

Neutral Citation

[2025] ZWHH 400

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Property lawEstate lawAdministrative law

Keywords

Titles Registration and Derelict Lands ActProvisional orderPrima facie proofProperty registration

Key Issues

{"issue_text":"Whether there is prima facie proof that stand 2332 Marlborough Township exists","issue_type":"factual","dispositive":"yes","related_facts":"No documentation from City of Harare; illegible building plan; no confirmation from Surveyor-General"}
{"issue_text":"Whether there is prima facie proof that the deceased acquired a just and lawful right to ownership","issue_type":"mixed","dispositive":"yes","related_facts":"Delta Corporation letter; no records from conveyancers; absence of documentation"}
{"issue_text":"Whether the evidence adduced is admissible","issue_type":"procedural","dispositive":"no","related_facts":"Legal practitioner deposed to facts on merits; hearsay evidence"}

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background

Facts of the Case

Background

The applicant, as executor of the estate of Daniel Malekano, sought a provisional order to compel registration of stand 2332 Marlborough Township in the deceased's name. The deceased allegedly acquired the property through his employer's housing scheme in 1994 but died in 2002 without obtaining title deeds. Despite occupation by the deceased and his family for over 20 years, no documentation exists to prove ownership or even the stand's existence.

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