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Harare High Court

Haven Chikumbu v Agricultural Bank of Zimbabwe Limited

HH 61-2013

Case Details

Court
Harare High Court
Date
28 February 2013
Citation
HH 61-2013
Neutral Citation
[2013] ZWHH 61
Outcome
unknown
Case Type
Application

Bench

Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Property LawBanking LawDeeds Registry
Keywords
mortgage bondnote of handproperty transferfraudulent misrepresentationcaveatdeeds of transfer
Tags
mortgage bondsproperty transferfraudulent registrationdeeds registry
legislation
Statutes Cited
  • Deeds Registry Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Hanyani could lawfully encumber the property by the note of hand of 20 January 2010","issue_type":"law","dispositive":"yes","related_facts":"Court order transferred ownership on 9 September 2009; mortgage bond registered 20 January 2010"}
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background
Facts of the Case

Background

The applicant purchased immovable property and obtained a court order transferring ownership, but the respondent bank registered mortgage bonds against the property after the court order. The applicant sought to have these mortgage bonds declared null and void.
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