Joseph Chiroodza v Shineview Properties (Private) Limited t/a Bridges Real Estate and Anna Marange and Officer in Charge, Glen View Police Station N.O

HH 321-13

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Case Details

Court

Harare High Court

Date

10 October 2013

Citation

HH 321-13

Neutral Citation

[2013] ZWHH 321

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Property lawCivil procedurePartnership law

Keywords

Universal partnershipProperty evaluationCourt order executionDeed of transferTacit partnership

Key Issues

{"issue_text":"What is the effect of the dismissal of second respondent's appeal by the Supreme Court on this court's judgment of 15 January 2004","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court dismissed appeal for being out of time"}
{"issue_text":"Whether the property should first be registered in applicant's and second respondent's names before the Court Order of 15 January 2004 can be executed","issue_type":"law","dispositive":"yes","related_facts":"Property registered in Ruth Optel's name; second respondent obstructed valuation"}

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background

Facts of the Case

Background

The applicant and second respondent lived together as man and wife for about 10 years. A tacit universal partnership was found to exist between them by court order dated 15 January 2004, which awarded the applicant one third share of a Budiriro property and Mazda vehicle. The second respondent's appeal against this order was dismissed by the Supreme Court for being out of time. When the first respondent attempted to evaluate the property in 2012, the second respondent obstructed the process claiming the property must first be transferred into their joint names.

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