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Masvingo High Court
THE TRUSTEES FOR THE TIME BEING OF THE ALFRED DUBE & SHAMISO DUBE TRUST v LEAH MADZIVADONDO & 3 ORS
HMA 17-24
Case Details
Court
Masvingo High Court
Date
3 November 2023
Citation
HMA 17-24
Neutral Citation
[2023] ZWHMA 17
Outcome
unknown
Case Type
Application
Bench
Presiding
ZISENGWE J
Full Bench
ZISENGWE J
Areas of Law
Property LawCivil ProcedureTrust Law
Keywords
res litigiosaproperty saleevictioncustomary law unionestate administration
Tags
property lawres litigiosaevictiontrust
legislation
Statutes Cited
- N/A
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the property was subject to res litigiosa at the time of sale to the applicant","issue_type":"law","dispositive":"yes","related_facts":"Existence of ZVGL 08/2018, service of summons, litis contestatio reached"}
- {"issue_text":"Whether the sale of property by Lovemore to Courage was valid","issue_type":"law","dispositive":"yes","related_facts":"Res litigiosa status, property ownership chain"}
- {"issue_text":"Whether applicant acquired valid title to the property","issue_type":"law","dispositive":"yes","related_facts":"Purchase from Courage, due diligence claims"}
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background
Facts of the Case
Background
The applicant Trust purchased a property from Courage, who had bought it from Lovemore. The first respondent, Leah Madzivadondo, claimed the property was subject to ongoing litigation (res litigiosa) when sold, making the sale void. She had filed a claim in 2018 to have Lovemore's name removed from the property files and transfer to her name.
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