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Case Details
Court
Supreme Court
Date
11 July 2021
Citation
SC 35/21
Neutral Citation
[2021] ZWSC 35
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAVANGIRA JA
Full Bench
GOWORA JAHLATSHWAYO JAMAVANGIRA JA
Areas of Law
Property LawCivil Procedure
Keywords
Deed of TransferRevival of titleVindicationPrescriptionMaterial disputes of fact
Tags
actio rei vindicatioprescriptiondisputes of fact
legislation
Statutes Cited
- None identified
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in failing to refer the matter to trial due to alleged material disputes of fact","issue_type":"procedural","dispositive":"yes","related_facts":"Alleged dispute regarding prescription and the circumstances of the sale and transfer"}
- {"issue_text":"Whether the first respondent's claim had prescribed","issue_type":"law","dispositive":"no","related_facts":"Alleged telephone conversation in 2009"}
- {"issue_text":"Whether the court a quo erred in reviving the Deed of Transfer and cancelling subsequent transfers without a trial","issue_type":"procedural","dispositive":"yes","related_facts":"The nature of the actio rei vindicatio application"}
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background
Facts of the Case
Background
The first respondent was the original owner of an immovable property registered under Deed of Transfer No. 6132/1987. The property was subsequently transferred to the appellant and then to the second and third respondents. The first respondent successfully applied to the High Court to revive his original title and cancel the subsequent transfers. The appellant appealed to the Supreme Court.
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