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Harare High Court

Yoliswa Irene Nhamo (nee Mandela) v Mandla Moyo and Sanele Moyo and Andrew Nhamo and Registrar of Deeds

HH 562 - 25

Case Details

Court
Harare High Court
Date
24 September 2025
Citation
HH 562 - 25
Neutral Citation
[2025] ZWHH 562
Outcome
unknown
Case Type
Application

Bench

Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Property LawFamily Law
Keywords
Deed of TransferMatrimonial HomeUndervalued SaleInnocent PurchaserCancellation
Tags
Deeds RegistriesMatrimonial PropertyTransfer Cancellation
legislation
Statutes Cited
  • Deeds Registries Act
  • Marriages Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has proven that the property was undervalued and sold at a value lower than the actual market value.","issue_type":"fact","dispositive":"yes","related_facts":"The applicant's allegation of undervaluation without providing a valuation report or specific amount in the founding affidavit."}
  • {"issue_text":"Whether the first and second respondents acted in cahoots (mala fide) with the third respondent.","issue_type":"fact","dispositive":"yes","related_facts":"The applicant's allegation of connivance based on alleged undervaluation and the respondents' denial of prior knowledge."}
  • {"issue_text":"Whether the applicant is entitled to the cancellation of the Deed of Transfer No. 2184/23 and revival of Deed of Transfer No. 7231/91.","issue_type":"law","dispositive":"yes","related_facts":"The ownership status of the property and the alleged misconduct by the parties."}
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background
Facts of the Case

Background

The applicant sought cancellation of a deed of transfer for a matrimonial property sold by her husband (third respondent) to the first and second respondents, alleging the property was undervalued and the purchasers were not innocent. The court found the applicant failed to prove undervaluation or connivance, and dismissed the application.
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