Dr Bozena Dudka and Allan Tilling Russell and Fair Coat Investments (Pvt) Limited and John Mukono v Cheni Investments (Pvt) Limited and Ian John Hawthorne and Pervaz Khan and Brighton Matikiti and Innocent Khumalo and Registrar of Deeds

HH 124-11

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Case Details

Court

Harare High Court

Date

15 June 2011

Citation

HH 124-11

Neutral Citation

[2011] ZWHH 124

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Property lawArbitration law

Keywords

Cluster housingShare transferInterdictRegistrar of DeedsArbitral award

Key Issues

{"issue_text":"Whether an interim arbitral award interdicting transfer constitutes a judicial caveat binding on third parties","issue_type":"law","dispositive":"yes","related_facts":"Interim award served on Registrar of Deeds, transfers effected despite award"}
{"issue_text":"Whether property subject to arbitration proceedings becomes res litigiosa","issue_type":"law","dispositive":"yes","related_facts":"Property transferred during arbitration, interim award in place"}
{"issue_text":"Whether respondents were innocent third parties entitled to protection","issue_type":"mixed","dispositive":"no","related_facts":"Respondents claim ignorance of disputes, purchased for value"}

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Facts of the Case

Background

The applicants purchased residential units in a cluster housing scheme from the first respondent and entered into building contracts with the second respondent. Disputes arose and were referred to arbitration, resulting in awards favoring the applicants. However, the respondents transferred the units to third, fourth and fifth respondents despite an interim arbitral award interdicting such transfers. The applicants sought to set aside these transfers.

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