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Harare High Court

FARAI NIGEL CHITSINDE and NYASHA AMANDA CHITSINDE (represented by CONSTANCE TSITSI CHITSINDE) v THE MINISTER OF LOCAL GOVERNMENT AND URBAN DEVELOPMENT and OLIVER CHITSINDE and THE MASTER OF HIGH COURT N.O

HH 175-13

Case Details

Court
Harare High Court
Date
6 June 2013
Citation
HH 175-13
Neutral Citation
[2013] ZWHH 175
Outcome
unknown
Case Type
Application

Bench

Presiding
MAWADZE J
Author
Mawadze J
Full Bench
Mawadze J
Areas of Law
Family LawProperty Law
Keywords
MinorsImmovable property saleMaster's consentAgreement of saleNull and void
Tags
Minor's propertySale of immovable propertyGuardian's duties
legislation
Statutes Cited
  • Protected Places and Areas Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether an agreement of sale of immovable property belonging to minors, entered into by their guardian without obtaining the Master of the High Court's consent, is null and void","issue_type":"law","dispositive":"yes","related_facts":"Minors' ownership, guardian's failure to obtain consent"}
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background
Facts of the Case

Background

The applicants, who are minors, seek to declare null and void an agreement of sale entered into by their father and guardian (second respondent) with the Government of Zimbabwe for their immovable property, arguing that the sale was conducted without obtaining the required consent of the Master of the High Court as mandated by law for transactions involving minors' property.
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