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Harare High Court
Dave Porter McCay and Alana Jade McCay v Rumbidzai Nondo and Wellington Nondo
HH 209-17
Case Details
Court
Harare High Court
Date
29 March 2017
Citation
HH 209-17
Neutral Citation
[2017] ZWHH 209
Outcome
unknown
Case Type
Application
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Property LawCivil Procedure
Keywords
rei vindicatiosheriff sale irregularitiesproperty transfereviction
Tags
rei vindicatiosheriff saleproperty ownershipeviction
legislation
Statutes Cited
- Deeds Registries Act
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants are entitled to eviction through rei vindicatio when the sheriff's sale through which they obtained ownership is under challenge for irregularities","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants' ownership, respondents' possession, pending challenge to sale"}
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background
Facts of the Case
Background
The applicants, who are husband and wife, purchased a property from the respondents through a sheriff's sale conducted by private treaty. The respondents remained in possession of the property. The applicants sought eviction through rei vindicatio, but the respondents challenged the validity of the sheriff's sale due to procedural irregularities, including the Sheriff sending documents to the wrong address, preventing them from objecting to the sale.
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