Joshua Reuvayn Lepars v Matebeleland Hauliers & Another

HB 11/25

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Case Details

Court

Bulawayo High Court

Date

1 August 2024

Citation

HB 11/25

Neutral Citation

[2025] ZWHB 11

Outcome

unknown

Case Type

Application

Bench

Presiding

Ndlovu J

Full Bench

Ndlovu J

Areas of Law

Property LawDeeds Registries Act

Keywords

deed cancellationfraudulent cancellationproperty transferdeclarator

Key Issues

{"issue_text":"Whether the cancellation of Deed of Transfer No. 2290/2018 on 25 September 2020 was done pursuant to a court order as required by Section 8[1] of the Deeds Registries Act","issue_type":"law","dispositive":"yes","related_facts":"Cancellation occurred after rescission of default judgment; no extant court order at time of cancellation"}

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background

Facts of the Case

Background

The applicant purchased immovable property at a sheriff's sale in execution and had title transferred to him via Deed of Transfer No. 2290/2018. The 1st respondent, the previous owner, obtained a default judgment against the applicant which was later rescinded. Despite the rescission, the 1st respondent caused the 2nd respondent (Registrar of Deeds) to cancel the applicant's deed of transfer on 25 September 2020, purportedly under Section 8[1] of the Deeds Registries Act.

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