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Harare High Court
Shomet Industrial Holdings (Pvt) Ltd and Yan Yu v Vincent Tom-Barris and Washington Frera and Registrar of Deeds
HH 52-21
Case Details
Court
Harare High Court
Date
17 February 2021
Citation
HH 52-21
Neutral Citation
[2021] ZWHH 52
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Property LawCompany LawDeeds Registries
Keywords
Deed of TransferLost DeedMisrepresentationInterdictCompany DirectorsFraud
Tags
Deed of TransferMisrepresentationFraudCompany Directors
legislation
Statutes Cited
- Deeds Registries Regulations, 1977 (RGN 249/77)
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Did first and second respondent misrepresent to the third respondent that the deed of transfer was lost or destroyed and were thus entitled to a replacement?","issue_type":"mixed","dispositive":"yes","related_facts":"Respondents never possessed original deed; original was never lost; respondents claimed it was lost"}
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background
Facts of the Case
Background
The applicants sought confirmation of a provisional order interdicting respondents from using a certified copy of Deed of Transfer 621/2009 obtained through misrepresentation. First and second respondents falsely claimed the original deed was lost and obtained a certified copy from the Registrar of Deeds, when in fact the original was in the custody of the second applicant.
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