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Harare High Court
Getrude Sihle Sibanda v Linda Katsande and Kizito Zvavahera and Registrar of Deeds
HH 34-18
Case Details
Court
Harare High Court
Date
31 January 2018
Citation
HH 34-18
Neutral Citation
[2018] ZWHH 34
Outcome
unknown
Case Type
Trial
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawContract Law
Keywords
agreement of saleimmovable propertytransferabsolution from the instanceillegality
Tags
property transferagreement of saleabsolution from the instance
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff established a prima facie case for absolution from the instance purposes","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence of agreement, payment, signature"}
- {"issue_text":"Whether the agreement of sale was valid and enforceable","issue_type":"mixed","dispositive":"no","related_facts":"Agreement signed, payment made, allegations of illegality"}
- {"issue_text":"Whether the first defendant was paid the full consideration","issue_type":"factual","dispositive":"no","related_facts":"Payment evidence, acknowledgment signed"}
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background
Facts of the Case
Background
The plaintiff sued the defendants for transfer of immovable property (Stand 4306 Fountainbleau Estate) alleging a valid agreement of sale concluded in October 2007 for Z$12 billion, with actual payment of US$10,000. The first defendant denied the agreement and claimed illegality. At the close of plaintiff's case, the first defendant applied for absolution from the instance.
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