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Harare High Court
Archibald Ndidzano v Pauline Gondora & 8 Others
HH 65-2011
Case Details
Court
Harare High Court
Date
11 January 2011
Citation
HH 65-2011
Neutral Citation
[2011] ZWHH 65
Outcome
unknown
Case Type
Trial
Bench
Presiding
Patel J
Full Bench
Patel J
Areas of Law
Property lawContract lawCivil procedure
Keywords
Double saleCessionBona fide purchaserRescissionDefault judgment
Tags
Double saleCessionProperty ownershipDefault judgment rescission
legislation
Statutes Cited
- Immigration Act 1971
- Immigration and Asylum Act 1999
- Nationality, Immigration and Asylum Act 2002
- Human Rights Act 1998
- European Convention on Human Rights
- Extradition Act 1989
- Extradition Act 2003
- Criminal Justice Act 1988
- Criminal Justice and Public Order Act 1994
- Police and Criminal Evidence Act 1984
- Magistrates' Courts Act 1980
- Supreme Court Act 1981
- Courts and Legal Services Act 1990
- Access to Justice Act 1999
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Tribunals, Courts and Enforcement Act 2007
- Constitutional Reform Act 2005
- Civil Procedure Rules 1998
- Immigration Rules
- European Communities Act 1972
- European Union (Withdrawal) Act 2018
- European Union (Withdrawal Agreement) Act 2020
- British Nationality Act 1981
- British Nationality Act 1948
- Commonwealth Immigrants Act 1962
- Commonwealth Immigrants Act 1968
- Immigration Appeals Act 1969
- Immigration Appeals Act 1993
- Asylum and Immigration Appeals Act 1993
- Asylum and Immigration Act 1996
- Immigration and Asylum Act 1999
- Nationality, Immigration and Asylum Act 2002
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
- Immigration, Asylum and Nationality Act 2006
- UK Borders Act 2007
- Borders, Citizenship and Immigration Act 2009
- Immigration Act 2014
- Immigration Act 2016
- Illegal Migration Act 2023
- Nationality and Borders Act 2022
- Extradition Act 1870
- Extradition Act 1873
- Fugitive Offenders Act 1881
- Fugitive Offenders Act 1967
- Backing of Warrants (Republic of Ireland) Act 1965
- Criminal Justice (International Co-operation) Act 1990
- Crime (International Co-operation) Act 2003
- Proceeds of Crime Act 2002
- Serious Organised Crime and Police Act 2005
- Counter-Terrorism Act 2008
- Terrorism Act 2000
- Anti-terrorism, Crime and Security Act 2001
- Prevention of Terrorism Act 2005
- Terrorism Act 2006
- Counter-Terrorism and Security Act 2015
- Counter-Terrorism and Border Security Act 2019
- National Security Act 2023
- Official Secrets Act 1911
- Official Secrets Act 1920
- Official Secrets Act 1939
- Official Secrets Act 1989
- Security Service Act 1989
- Intelligence Services Act 1994
- Regulation of Investigatory Powers Act 2000
- Investigatory Powers Act 2016
- Data Protection Act 1998
- Data Protection Act 2018
- Freedom of Information Act 2000
- Environmental Information Regulations 2004
- Public Records Act 1958
- Public Records Act 1967
- Constitutional Reform and Governance Act 2010
- Inquiries Act 2005
- Inquiries Act 2013
- Coroners and Justice Act 2009
- Legal Services Act 2007
- Courts Act 2003
- Courts Act 2013
- Crime and Courts Act 2013
- Prisons Act 1952
- Prison Act 1952
- Prisoners (Return to Custody) Act 1995
- Crime (Sentences) Act 1997
- Criminal Justice Act 2003
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Offender Rehabilitation Act 2014
- Sentencing Act 2020
- Police Act 1996
- Police Reform Act 2002
- Police and Justice Act 2006
- Policing and Crime Act 2009
- Police Reform and Social Responsibility Act 2011
- Anti-social Behaviour, Crime and Policing Act 2014
- Policing and Crime Act 2017
- Police, Crime, Sentencing and Courts Act 2022
- Public Order Act 1986
- Public Order Act 2023
- Serious Crime Act 2007
- Modern Slavery Act 2015
- Criminal Finances Act 2017
- Economic Crime (Transparency and Enforcement) Act 2022
- Economic Crime and Corporate Transparency Act 2023
- Financial Services and Markets Act 2000
- Banking Act 2009
- Financial Services Act 2012
- Financial Services (Banking Reform) Act 2013
- Financial Guidance and Claims Act 2018
- Financial Services Act 2021
- Proceeds of Crime Act 2002
- Criminal Justice (International Co-operation) Act 1990
- Drug Trafficking Act 1994
- Criminal Justice (Confiscation) (Northern Ireland) Order 1990
- Criminal Justice (Confiscation) (Northern Ireland) Order 1995
- Proceeds of Crime (Northern Ireland) Order 1996
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2014
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2018
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2020
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2021
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2022
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2023
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2024
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2025
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2026
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2027
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2028
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2029
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2030
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2031
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2032
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2033
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2034
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2035
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2036
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2037
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2038
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2039
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2040
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2041
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2042
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2043
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2044
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2045
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2046
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2047
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2048
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2049
- Proceeds of Crime Act 2002 (External Requests and Orders) Order 2050
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff bought Stand No. 6357 from the 2nd-4th defendants' late father","issue_type":"mixed","dispositive":"yes","related_facts":"1983 purchase, 1986 agreement, occupation since 1983"}
- {"issue_text":"Whether the 1st defendant was a bona fide purchaser","issue_type":"mixed","dispositive":"yes","related_facts":"Knowledge of dispute, falsified addresses"}
- {"issue_text":"Whether the 2nd-4th defendants were entitled to cede the property to 1st defendant","issue_type":"law","dispositive":"yes","related_facts":"Property not part of deceased estate"}
- {"issue_text":"Whether the cession should be reversed and title passed to plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Double sale principles, balance of equities"}
- {"issue_text":"Whether the order dated 5 November 2003 in HC 8050/03 should be rescinded","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff not served, not in wilful default"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The plaintiff and his brother purchased Stand No. 6357 Glen View in 1983 from Hosiah Chiradza, who had bought it from Caleb Mutyenyoka. They built a house and occupied it continuously. After Mutyenyoka's death, his estate beneficiaries (2nd-4th defendants) sold the property to the 1st defendant despite knowing of the plaintiff's prior purchase. The 1st defendant obtained a default judgment for cession and ejectment in HC 8050/03, which the plaintiff sought to rescind.
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