Tazvitya Arther Mutandwa v Silver Zhuwaki and Brenda Caro Leefer and The Deputy Sheriff-Harare and The Registrar of Deeds and Mr. Mandizvidza

HH 115-2013

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Case Details

Court

Harare High Court

Date

17 April 2013

Citation

HH 115-2013

Neutral Citation

[2013] ZWHH 115

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Property lawWills and successionContract law

Keywords

Immovable propertyTitleFraudTerminal benefitsWill validity

Key Issues

{"issue_text":"Whether the first defendant has valid claim to stand 381 Goodhope Township based on his late father's will","issue_type":"mixed","dispositive":"yes","related_facts":"Lovemore Zhuwake's will claimed title; Master approved distribution based on fraud; Plaintiff obtained lawful title"}
{"issue_text":"Whether a person can bequeath property they do not own","issue_type":"law","dispositive":"yes","related_facts":"Section 5 of Wills Act; Lovemore Zhuwake lied about having title"}

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background

Facts of the Case

Background

The plaintiff and first defendant disputed ownership of stand 381 Goodhope Township. The plaintiff claimed to have lawfully purchased the property from the executrix of Johanna Francisca Logan's estate and obtained title, while the first defendant claimed inheritance rights through his late father's will, which fraudulently claimed the deceased had obtained title to the property.

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