Jennifer Nan Brooker and Adrienne Staley Pierce v Richard Mudhanda and The Registrar of Deeds

[2018] ZWSC 5

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Case Details

Court

Supreme Court

Date

5 February 2018

Citation

[2018] ZWSC 5

Judgment No.

SC 5/18

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GOWORA JA

Full Bench

GOWORA JAHLATSHWAYO JABHUNU JA

Areas of Law

Property LawContract LawCivil Procedure

Keywords

prescriptioncause of actionmorademand for transferspecial plea

Key Issues

{"issue_text":"Whether the High Court erred in dismissing the special pleas of prescription without evidence","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence of demand for transfer, no replication filed"}
{"issue_text":"Whether the cause of action arose in 2002 or upon demand for transfer","issue_type":"mixed","dispositive":"no","related_facts":"Agreement silent on transfer date, no demand made"}

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background

Facts of the Case

Background

Two sisters (appellants) sold immovable properties to the respondent in 2002. In 2014, the respondent sued for transfer of the properties. The appellants raised special pleas of prescription, arguing the claims had prescribed after 3 years. The High Court dismissed the pleas, finding no evidence of when demand for transfer was made. The Supreme Court allowed the appeal, holding that the High Court erred by deciding the matter without evidence.

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