Kethiwe Van Der Sanden v Robertus Antoine W. Van Der Sanden and Roy Masamba and Registrar of Deeds N.O

HH 468-18

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Case Details

Court

Harare High Court

Date

8 August 2018

Citation

HH 468-18

Neutral Citation

[2018] ZWHH 468

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIRAWU-MUGOMBA J

Full Bench

CHIRAWU-MUGOMBA J

Areas of Law

Family lawProperty lawMatrimonial property

Keywords

matrimonial homecaveatinterdictproperty transfercustomary marriagemarriage out of community of property

Key Issues

{"issue_text":"Whether applicant has a clear right to interdict transfer of property no longer owned by her husband","issue_type":"mixed","dispositive":"yes","related_facts":"Property sold and transferred to second respondent, previous application dismissed"}
{"issue_text":"Whether applicant can register caveat against property owned by third party","issue_type":"law","dispositive":"yes","related_facts":"Property transferred to second respondent who holds title deed"}
{"issue_text":"Whether marriage out of community of property gives spouse real rights during marriage","issue_type":"law","dispositive":"no","related_facts":"Property registered in husband's sole name, applicant claimed half-share"}

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background

Facts of the Case

Background

The applicant sought to interdict transfer of property and register a caveat against a Greendale property that had been sold by her husband (first respondent) to the second respondent. She claimed the property was matrimonial property acquired during their marriage and that the sale was fraudulent and at an undervalue.

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