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Harare High Court
Sifiso Mahlangu v Collins Kabaira and Cokasa Leads (Pvt) Ltd
HH 406-17
Case Details
Court
Harare High Court
Date
28 June 2017
Citation
HH 406-17
Neutral Citation
[2017] ZWHH 406
Outcome
unknown
Case Type
Trial
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Property LawCivil Procedure
Keywords
evictionlis pendenssheriff's saleconfirmation of saletransfer of propertydeed of transfer
Tags
evictionlis pendenssheriff's saletransfer of property
legislation
Statutes Cited
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff who is a registered owner and innocent third party purchaser is entitled to eviction proceedings against the defendant in the face of pending proceedings challenging confirmation of the sale","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's registration as owner, pending challenge in HC 3680/13"}
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background
Facts of the Case
Background
The plaintiff purchased immovable property at a sheriff's sale by public auction and obtained transfer. He now seeks eviction of the defendants who remain in occupation. The defendants resist eviction on the ground that they have pending proceedings challenging the confirmation of the sale.
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