Margaret Marume v Gutu Properties Limited and Pearson Mzilikazi and Yvonne Mzilikazi and The Registrar of Deeds

HH 197-13

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Case Details

Court

Harare High Court

Date

19 June 2013

Citation

HH 197-13

Neutral Citation

[2013] ZWHH 197

Outcome

unknown

Case Type

Trial

Bench

Presiding

MTSHIYA J

Full Bench

MTSHIYA J

Areas of Law

Property lawContract law

Keywords

Abstract theory of transferEstoppelFraudulent transferProperty ownershipDeed of transfer

Key Issues

{"issue_text":"Whether the exception based on abstract theory of transfer should succeed","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff signed transfer documents; property was transferred to third parties"}
{"issue_text":"Whether plaintiff is estopped from denying intention to transfer ownership","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiff signed transfer documents; defendants claim reliance"}

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background

Facts of the Case

Background

Plaintiff borrowed US$30,000 from first defendant and signed documents purporting to sell her property as security. First defendant transferred the property to itself and then to 2nd and 3rd defendants. Plaintiff seeks declaration that the sale agreement is void and cancellation of transfers.

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