The Estate Late Godfrey Madamombe (Represented by Angela Madamombe, Executrix Dative) and Tawanda Mike Matani and The Registrar of Deeds Bulawayo

HB 65/25

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Case Details

Court

Bulawayo High Court

Date

13 February 2025

Citation

HB 65/25

Neutral Citation

[2025] ZWHB 65

Outcome

unknown

Case Type

Application

Bench

Presiding

NDUNA J

Author

NDUNA JA

Full Bench

NDUNA J

Areas of Law

Property LawCivil Procedure

Keywords

Deed of TransferCancellation of transferFraudPower of attorneyCondonationPoints in limine

Key Issues

{"issue_text":"Whether the first respondent is properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Condonation order granted under Rule 39(4) instead of Rule 59(7)"}
{"issue_text":"Whether the application is deemed to have been abandoned due to failure to adhere to rule 15(22)(e) of the High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Proof of service requirements for electronic mail"}

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Facts of the Case

Background

Angela Madamombe, as executrix dative of the estate of the late Godfrey Madamombe, seeks cancellation of Deed of Transfer No. 184/2018 for Lot 10 of Gwelo Small Holding 23, measuring 9,279 square metres in Harben Park, Gweru. The transfer was registered in favour of first respondent Tawanda Mike Matani on 22 February 2018, nearly seven months after Godfrey Madamombe's death on 25 July 2017. The applicant challenges the transfer on grounds of fraud, lack of lawful causa, and procedural irregularities.

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