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Harare High Court
Barbara Mukanga v Godfrey Nzombe and Saltana Enterprises (Private) Limited
HH 533-17
Case Details
Court
Harare High Court
Date
16 August 2017
Citation
HH 533-17
Neutral Citation
[2017] ZWHH 533
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSAKWA J
Full Bench
MUSAKWA J
Areas of Law
Property lawCivil procedure
Keywords
Double saleProvisional orderConfirmationImmovable propertyOwnershipCity of Harare
Tags
Double saleImmovable propertyProvisional orderOwnership dispute
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether provisional order should be confirmed declaring applicant owner","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's 2002 purchase; first respondent's 2014 occupation; property still City of Harare owned"}
- {"issue_text":"Whether double sale principles apply where judicial manager sold to first respondent","issue_type":"law","dispositive":"no","related_facts":"First respondent purchased from judicial manager; applicant's agreement not cancelled"}
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background
Facts of the Case
Background
The applicant purchased immovable property from the second respondent in 2002. In 2015 she discovered the first respondent occupying and developing the property. After previous litigation was withdrawn, she obtained a provisional order in November 2016 and now seeks its confirmation as final relief declaring her ownership.
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