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Bulawayo High Court
George Robert Parkin v Elvin Ncube
HB 114/22
Case Details
Court
Bulawayo High Court
Date
28 April 2022
Citation
HB 114/22
Neutral Citation
[2022] ZWHB 114
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Property lawContract lawLand acquisition
Keywords
EvictionRei vindicatioAgreement of saleRural landCertificate of no present interestPrescriptionLocus standi
Tags
EvictionProperty ownershipAgreement of saleRural landCertificate of no present interest
legislation
Statutes Cited
- Land Acquisition Act
- Administration of Estates Act
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there was a valid agreement of sale between defendant and late Gladys Marjorie Parkin","issue_type":"mixed","dispositive":"yes","related_facts":"Property is rural land; no certificate of no present interest obtained"}
- {"issue_text":"Whether transfer to plaintiff was fraudulent and unlawful","issue_type":"mixed","dispositive":"no","related_facts":"Executor obtained section 120 authority; plaintiff paid purchase price"}
- {"issue_text":"Whether plaintiff is entitled to eviction","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff is registered owner; defendant has no valid right of retention"}
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background
Facts of the Case
Background
Plaintiff sought eviction of defendant from rural property claiming ownership via transfer from executor of deceased aunt's estate. Defendant counter-claimed alleging prior valid agreement of sale with deceased and payment of US$40,000 deposit. Court found agreement invalid for lack of certificate of no present interest required for rural land sales, and rejected defendant's evidence of payment.
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