PHILIPPA ANN COUMBIS versus THERIGHT INVESTMENTS (PVT) LTD and KUNZE KWAYEDZA ENTERPRISES (PRIVATE) LIMITED and THE REGISTRAR OF DEEDS N.O. and SHERIFF FOR ZIMBABWE N.O.

HH 496-22

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Case Details

Court

Harare High Court

Date

20 July 2022

Citation

HH 496-22

Neutral Citation

[2022] ZWHH 496

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Property LawFamily LawCompany Law

Keywords

InterdictCaveatDeed of TransferSupreme Court judgmentShareholding

Key Issues

{"issue_text":"Whether applicant established a prima facie case for interim interdict","issue_type":"procedural","dispositive":"yes","related_facts":"Property transferred before Supreme Court judgment, respondents not parties to divorce"}
{"issue_text":"Whether Supreme Court judgment has retrospective effect on property transfer","issue_type":"law","dispositive":"no","related_facts":"Transfer occurred before judgment delivery"}

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background

Facts of the Case

Background

The applicant, a divorcee, sought an interim interdict to prevent disposal of immovable property that had been transferred from the first respondent to the second respondent before a Supreme Court judgment awarded her 80% shareholding in the first respondent company. The property was sold on 18 December 2020 and transferred on 10 March 2021, while the Supreme Court judgment was delivered on 21 October 2021.

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