BARIADIE INVESTMENTS (PRIVATE) LIMITED v (1) PUWAYI CHIUTSI (2) TENDAI MASHAMANDA (3) THE REGISTRAR OF DEEDS (4) THE SHERIFF OF THE HIGH COURT (5) ELIOT ROGERS

SC 24/22

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Case Details

Court

Supreme Court

Date

15 February 2022

Citation

SC 24/22

Neutral Citation

[2022] ZWSC 24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GWAUNZA DCJ

Full Bench

GWAUNZA DCJGUVAVA JABHUNU JA

Areas of Law

Property lawCivil procedureExecution of judgments

Keywords

Sheriff's saleDeed of transferFraudulent conveyancePignus judicialeJudicial attachmentExecution

Key Issues

{"issue_text":"Whether the court a quo erred in dismissing the application for cancellation of Deed of Transfer No.708/19","issue_type":"mixed","dispositive":"yes","related_facts":"Property was judicially attached and sold to appellant; first respondent fraudulently sold to second respondent"}
{"issue_text":"Whether a pignus judiciale was created over the property","issue_type":"law","dispositive":"yes","related_facts":"Property was attached in execution and sold by Sheriff"}
{"issue_text":"Whether second respondent was innocent purchaser","issue_type":"mixed","dispositive":"yes","related_facts":"Second respondent aware of caveats on title deed"}

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background

Facts of the Case

Background

The first respondent, a legal practitioner, fraudulently sold property that had already been judicially attached and sold to the appellant through a confirmed Sheriff's sale. He perjured himself to facilitate transfer to the second respondent, despite multiple court orders confirming the execution sale to the appellant.

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