Linda Katsande v (1) Getrude Sihle Sibanda (2) Kizito Zvavahera (3) Registrar of Deeds

SC 80/18

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Case Details

Court

Supreme Court

Date

24 December 2018

Citation

SC 80/18

Neutral Citation

[2018] ZWSC 80

Outcome

unknown

Case Type

Application

Bench

Presiding

Guvava JA

Full Bench

Guvava JA

Areas of Law

Property lawCivil procedure

Keywords

Immovable propertyAgreement of saleConsent to judgmentCondonationExtension of timeAppeal

Key Issues

{"issue_text":"Whether applicant should be granted condonation for late filing of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal was four days out of time; applicant learned of judgment late"}
{"issue_text":"Whether applicant has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Allegation of illegal agreement; confusion over purchase price"}
{"issue_text":"Whether applicant can appeal against whole judgment when co-defendant consented","issue_type":"procedural","dispositive":"yes","related_facts":"Second respondent consented to judgment; applicant appealing entire judgment"}

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background

Facts of the Case

Background

The applicant and second respondent, formerly married, sold immovable property to first respondent. After payment, first respondent sued for transfer when sellers delayed. Second respondent consented to judgment while applicant defended, claiming illegality due to tax evasion scheme. Court a quo ordered transfer. Applicant sought condonation to appeal out of time.

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