Fungai Bryan Katsande versus Fadzai Katsande N.O (In her capacity as the Executor Dative for Estate Late Tongai Maxwell Katsande) and Stanislaus Chogugudza and The Master of the High Court and The Town Clerk of Chitungwiza Municipality N.O and The Sheriff of the High Court and Chitungwiza Municipality and Fadzai Katsande

Key Issues

• {"issue_text":"Whether there are material disputes of fact that prevent determination on motion","issue_type":"procedural","dispositive":"no","related_facts":"Conflicting versions of how property came to be in Tongai's name"}
• {"issue_text":"Whether the seventh respondent is barred for failure to file heads of argument","issue_type":"procedural","dispositive":"no","related_facts":"Court order requiring heads of argument within specified timeframe"}
• {"issue_text":"Whether applicant's answering affidavit should be expunged for introducing new evidence","issue_type":"procedural","dispositive":"no","related_facts":"Investigations with sixth respondent and Master's office after opposing affidavits"}
• {"issue_text":"Whether applicant is seeking impossible relief through declaratory order","issue_type":"law","dispositive":"no","related_facts":"Draft order seeking declaration of registered ownership through cession"}
• {"issue_text":"Whether applicant purchased and paid full price, and if so, whether he sold to Tongai","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement of sale, payment evidence, conflicting testimonies"}
• {"issue_text":"Whether seventh respondent subsequently acquired lawful rights to the property","issue_type":"law","dispositive":"yes","related_facts":"Estate distribution, encumbrance without Master's consent, subsequent sale"}

Background