David Fortune Chitengu v Stanley Mudawarima and Elizabeth Spiwe Mudawarima

Key Issues

• {"issue_text":"Whether the defendants have put up a defence recognizable at law against the plaintiff's rei vindicatio entitling them to retain the property","issue_type":"mixed","dispositive":"yes","related_facts":"Second defendant's occupation based on customary inheritance; plaintiff's ownership through deed of transfer"}
• {"issue_text":"Whether the plaintiff is entitled to vacant possession of Stand 28401 Salisbury Township Lands","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's ownership through transfer; defendants' occupation and customary claims"}
• {"issue_text":"Whether the transfer of property into plaintiff's name should be set aside and property registered in first defendant's name","issue_type":"procedural","dispositive":"no","related_facts":"First defendant's counterclaim; failure to properly join Registrar of Deeds"}

Background