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All Cases/Supreme Court/2021

Supreme Court

Cosma Chiangwa v David Katerere & 5 Ors

SC 61/21

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Case Details

Court

Supreme Court

Date

24 May 2021

Citation

SC 61/21

Neutral Citation

[2021] ZWSC 61

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHITAKUNYE AJA

Full Bench

BHUNU JAMATHONSI JACHITAKUNYE AJA

Areas of Law

Property lawAdministration of estatesDeeds registration

Keywords

Double registrationExecutor dativeExecutrix testamentaryDeeds Registries ActAdministration of Estates Act

Key Issues

{"issue_text":"Whether the court a quo correctly found there were no material disputes of fact","issue_type":"procedural","dispositive":"no","related_facts":"Both parties produced conflicting evidence about validity of sales"}
{"issue_text":"Whether the Regional, Town and Country Planning Act applied to this matter","issue_type":"law","dispositive":"no","related_facts":"Both agreements related to subdivision of land"}
{"issue_text":"Whether the court a quo erred in invalidating the agreement of sale and appointment of executor dative","issue_type":"law","dispositive":"yes","related_facts":"Executor dative appointed while executrix testamentary in office"}

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background

Facts of the Case

Background

The appellant and first respondent both claimed ownership of Stand 382 Good Hope Township. The first respondent purchased the property from the estate of Johanna Maria Francisca Logan through the executrix testamentary in 1999, with transfer effected in April 2007. The appellant purportedly purchased the same property from an heir of the estate in 2006, with transfer effected in July 2007 through an irregularly appointed executor dative.

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