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Harare High Court
Efrolou [Pvt] Ltd v Mrs Muringani
HH 112-2013
Case Details
Court
Harare High Court
Date
10 April 2013
Citation
HH 112-2013
Neutral Citation
[2013] ZWHH 112
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Property lawCivil procedure
Keywords
PrescriptionConstructive noticeDeeds registrationAmendment of pleadings
Tags
Property transferPrescriptionAmendment of pleadings
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
- Prescription Act
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Efrolou should be allowed to amend its plea to include prescription","issue_type":"procedural","dispositive":"no","related_facts":"Amendment filed 30 months after original plea"}
- {"issue_text":"Whether Mrs Muringani's claim has prescribed","issue_type":"mixed","dispositive":"yes","related_facts":"Transfer registered 1999, summons issued 2010"}
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background
Facts of the Case
Background
Efrolou sought to amend its plea to include prescription as a defence to Mrs Muringani's claim to reverse the transfer of property. The property was transferred to Efrolou in 1999 following a sale in execution, and Mrs Muringani only challenged the transfer in 2010.
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