Erasmus Nkululeko Ndlovu v Ishmael Kusafunga Kaguru and 3 Others

HB 67/25

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Case Details

Court

Bulawayo High Court

Date

28 May 2025

Citation

HB 67/25

Neutral Citation

[2025] ZWHB 67

Outcome

unknown

Case Type

Application

Bench

Presiding

M. Dube J

Full Bench

M. Dube J

Areas of Law

Property LawDeeds Registration

Keywords

Cancellation of Title DeedRescission of Default JudgmentDeed of TransferPrescriptive AcquisitionWater Witch Farm

Key Issues

{"issue_text":"Whether the 1st respondent can continue to hold title obtained through a rescinded court order","issue_type":"law","dispositive":"yes","related_facts":"Title was obtained through default judgment which has been rescinded"}
{"issue_text":"Whether title obtained on strength of an order that has been rescinded should be cancelled","issue_type":"law","dispositive":"yes","related_facts":"Section 8 of Deeds Registries Act applies"}

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background

Facts of the Case

Background

The applicant sought cancellation of a title deed issued to the first respondent based on a default judgment that had been rescinded. The first respondent had obtained title through prescriptive acquisition claims that were later found to be false, and the default judgment was rescinded when the applicant discovered it and challenged it.

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