Feng De Jin and Liu Bin and Xia Qun and Jan Mirza Zakarian and Kanukai Susan Mukure and Registrar of Deeds N.O

HH 597-23

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Case Details

Court

Harare High Court

Date

2 November 2023

Citation

HH 597-23

Neutral Citation

[2023] ZWHH 597

Outcome

unknown

Case Type

Trial

Bench

Presiding

KATIYO J

Full Bench

KATIYO J

Areas of Law

Property lawContract lawCivil procedure

Keywords

Property transferPower of attorneyJoint ownershipFraudClean hands doctrine

Key Issues

{"issue_text":"Whether the first defendant had authority from plaintiff and co-owners to sell the properties","issue_type":"mixed","dispositive":"yes","related_facts":"Property Disposal Agreement dated 26 March 2014; plaintiff's imprisonment in China; power of attorney documents"}
{"issue_text":"Whether plaintiff is entitled to cancellation of title deeds for the properties","issue_type":"legal","dispositive":"yes","related_facts":"Property transfers completed in 2017-2018; plaintiff's absence during sales"}
{"issue_text":"Whether plaintiff has clean hands to seek equitable relief from court","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's fraudulent price inflation; use of properties as security without co-owner consent"}

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background

Facts of the Case

Background

The plaintiff, a Chinese national, sought to set aside transfers of two properties (Stand 346 and Stand 106 Northwood Township) that were jointly owned with Chinese co-owners, alleging the first defendant sold them without authority while plaintiff was imprisoned in China from 2014-2018. The first defendant claimed he had written authority from all co-owners to sell the properties.

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