Dorothy Mandaza v Grace Mandaza N.O. and Grace Mandaza and Master of the High Court and Registrar of Deeds

HH 570-23

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Case Details

Court

Harare High Court

Date

19 October 2023

Citation

HH 570-23

Neutral Citation

[2023] ZWHH 570

Outcome

unknown

Case Type

Trial

Bench

Presiding

TSANGA J

Full Bench

TSANGA J

Areas of Law

Property lawCivil procedure

Keywords

Property transferNominal ownerBeneficial ownerPrescriptionMarriage certificate requirementFamily arrangements

Key Issues

{"issue_text":"Whether the claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Defendants returned from Zambia in 1978; title deeds issued in 1994; summons issued in 2011"}
{"issue_text":"Whether defendants hold property as nominal owners for plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Property acquired using defendants' marriage certificate; plaintiff paid all expenses; continuous occupation by plaintiff"}
{"issue_text":"Whether family practice constitutes legally recognizable custom","issue_type":"law","dispositive":"no","related_facts":"Multiple instances of family members using each other's marriage certificates"}

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background

Facts of the Case

Background

The plaintiff sought transfer of immovable property registered in defendants' names, claiming she and her late husband were beneficial owners while defendants were nominal owners due to marriage certificate requirements in 1960. The property was acquired using defendants' marriage certificate as plaintiff lacked one, with understanding it would be transferred when possible.

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