William Baron v Theresa Baron and Thomas William Baron and Registrar of Deeds

HB 92/21

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Case Details

Court

Bulawayo High Court

Date

3 June 2021

Citation

HB 92/21

Neutral Citation

[2021] ZWHB 92

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Property LawCivil Procedure

Keywords

CaveatTitle DeedsHearsay EvidenceFounding Affidavit

Key Issues

{"issue_text":"Whether the founding affidavit contains admissible evidence or inadmissible hearsay","issue_type":"procedural","dispositive":"yes","related_facts":"The deponent to the founding affidavit is the applicant's legal practitioner who does not indicate the source of information for facts not within her personal knowledge"}
{"issue_text":"Whether there is a valid application before the court","issue_type":"procedural","dispositive":"yes","related_facts":"The validity of the application depends on the validity of the founding affidavit"}

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background

Facts of the Case

Background

The applicant sought to register a caveat against two properties owned by the 1st and 2nd respondents to secure a claim of US$26,700.00 in a separate pending matter. The application was struck off the roll because the founding affidavit, deposed to by the applicant's legal practitioner, contained inadmissible hearsay evidence and was procedurally defective.

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