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Harare High Court

Paul Sithole and Paul Sithole (Junior) v Steward Bank Limited and Mayor Machiveyi Mangeya and Registrar of Deeds

HH 247-21

Case Details

Court
Harare High Court
Date
19 May 2021
Citation
HH 247-21
Neutral Citation
[2021] ZWHH 247
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Property lawCivil procedure
Keywords
Caveat upliftmentImmovable propertyAgreement of salePurchase priceAttachment
Tags
CaveatProperty transferAgreement of saleAttachment
legislation
Statutes Cited
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicants have proved they purchased the property from Mangeya and paid the purchase price in full","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged agreement of sale, proof of payment documents, occupation since 2014"}
  • {"issue_text":"Whether the caveat should be uplifted and transfer ordered","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to prove purchase, existence of final attachment order"}
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background
Facts of the Case

Background

The applicants sought upliftment of a caveat registered against a property they claimed to have purchased from the second respondent for US$170,000 in 2013. The first respondent, Steward Bank, had obtained an order attaching the property to confirm jurisdiction in a loan dispute with Mangeya. The court found the alleged agreement of sale to be a sham and dismissed the application.
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