JOPHN EDWARD TODD versus LYDIA NHAVIRA and LEWIS KEEL HORNE and PEGGY JUDY HORNE and VIOLA ELIZABETH TODD and REGISTRAR OF DEEDS HARARE N.O.

Key Issues

• {"issue_text":"Did the plaintiff and/or the 4th defendant donate the property in question to the 2nd and 3rd defendants and, if so, on what terms?","issue_type":"mixed","dispositive":"yes","related_facts":"Transfer documents, witness testimony, payment to 4th defendant"}
• {"issue_text":"Did the plaintiff and/or the 4th defendant and/or the 2nd and 3rd defendants sell their respective rights in the property to the 1st defendant and did they authorise or notify or ratify the sale/transfer to the 1st defendant?","issue_type":"mixed","dispositive":"yes","related_facts":"Sale to 1st defendant, authorization, ratification"}
• {"issue_text":"Were the 2nd and 3rd defendants lawfully entitled to sell/transfer the property to the 1st defendant or did she take precarious title thereto?","issue_type":"law","dispositive":"yes","related_facts":"Validity of original transfer, knowledge of defects"}
• {"issue_text":"Did the plaintiff and the 4th defendant sign or notify the relevant documents used to pass transfer and in what circumstances was the conveyance transacted?","issue_type":"fact","dispositive":"yes","related_facts":"Document signatures, conveyancing process"}
• {"issue_text":"Should the said transfer be declared unlawful, with particular reference to the plaintiff's undivided half share therein?","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's half share, transfer validity"}

Background