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Harare High Court
Dingani Lovemore Pambuka v Debra Gwati and The Registrar of Deeds N.O and David Njabulo Pambuka
HH 366-25
Case Details
Court
Harare High Court
Date
19 June 2025
Citation
HH 366-25
Neutral Citation
[2025] ZWHH 366
Outcome
unknown
Case Type
Application
Bench
Presiding
Mungwari J
Full Bench
Mungwari J
Areas of Law
Family LawProperty Law
Keywords
caveat upliftmentmatrimonial propertydivorce orderproperty saleconsent requirement
Tags
divorceproperty divisioncaveatmatrimonial property
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the caveat registered in 2004 should be uplifted following the 2006 divorce order","issue_type":"mixed","dispositive":"yes","related_facts":"Caveat registered pending matrimonial dispute; divorce order directed property sale; property sold in 2023"}
- {"issue_text":"Whether the applicant required first respondent's consent to sell the property after divorce","issue_type":"law","dispositive":"no","related_facts":"Divorce order silent on consent requirement; first respondent objected to sale"}
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background
Facts of the Case
Background
The applicant and first respondent divorced in 2006 with a court order directing sale of their matrimonial property. A caveat was registered in 2004 to prevent disposition pending divorce. The property was eventually sold in 2023 for USD$350,000 but the Registrar of Deeds refused to uplift the caveat without the first respondent's consent.
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