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Harare High Court
Apex Pension Fund v Apex Holdings (Private) Limited & Anor (Venetian Blinds Specialists Limited) & The Deputy Sheriff Harare
HH 131/2013
Case Details
Court
Harare High Court
Date
30 April 2013
Citation
HH 131/2013
Neutral Citation
[2013] ZWHH 131
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Zhou J
Full Bench
Zhou J
Areas of Law
Property lawCivil procedureExecution of judgments
Keywords
OwnershipDeed of transferAttachmentExecutionInterpleader
Tags
Interpleader proceedingsWrit of executionProperty attachment
legislation
Statutes Cited
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant, having no registered title but only an agreement of sale, could claim ownership of immovable property so as to resist execution","issue_type":"law","dispositive":"yes","related_facts":"Applicant's claim based on agreement of sale dated 26 January 2001; no deed of transfer registered"}
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background
Facts of the Case
Background
The applicant sought to interdict the sale of three immovable properties that had been attached in execution of a judgment against the first respondent. The applicant claimed ownership of the properties based on an agreement of sale dated 26 January 2001, but conceded it had no registered title.
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