Dorothy Rusirevi and Takawira Zembe v Elisha Murandu Jairos Kabayahwaro and Registrar of Deeds N.O. and Gracious Chirowodza

HH 183-11

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Case Details

Court

Harare High Court

Date

14 September 2011

Citation

HH 183-11

Neutral Citation

[2011] ZWHH 183

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Property lawContract lawFamily law

Keywords

Property saleFraudMatrimonial disputeCaveatCourt order

Key Issues

{"issue_text":"Whether plaintiffs can enforce a contract concluded in breach of court order and without required consent","issue_type":"mixed","dispositive":"yes","related_facts":"Property subject to court order requiring evaluation and third defendant's consent; sale proceeded without consent"}
{"issue_text":"Whether fraudulent second contract invalidates the entire transaction","issue_type":"law","dispositive":"yes","related_facts":"Two contracts signed with different amounts; second contract allegedly for tax evasion"}

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background

Facts of the Case

Background

The plaintiffs purchased property from the first defendant while it was subject to a matrimonial dispute and court order requiring the third defendant's consent. The first and third defendants were married under customary law for 12 years and divorced in 2002, with the magistrate's court ordering distribution of their matrimonial home. Despite an XN caveat placed by the third defendant and an ongoing appeal, the first defendant sold the property to the plaintiffs. Two sale agreements were signed - one for Z$7 billion and a second bogus agreement for Z$4.5 billion allegedly to evade capital gains tax.

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