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Harare High Court
Maria Alice Da Silva Neves v Jose De Brito and The Registrar of Deeds
HH 405-21
Case Details
Court
Harare High Court
Date
5 August 2021
Citation
HH 405-21
Neutral Citation
[2021] ZWHH 405
Outcome
unknown
Case Type
Application
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Family LawProperty Law
Keywords
Consent paperJoint registrationMatrimonial propertyClean break principle
Tags
DivorceProperty DivisionConsent PaperImmovable Property
legislation
Statutes Cited
- Matrimonial Causes Act [Chapter 5:13]
- Matrimonial Causes Act [Chapter 5:13]
- Matrimonial Causes Act [Chapter 5:13]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court can order joint registration of property when consent paper only apportioned shares without addressing title","issue_type":"law","dispositive":"yes","related_facts":"Consent paper awarded shares but not transfer; property remained in sole name"}
- {"issue_text":"Whether applicant's 60% share constitutes a real right enforceable against third parties","issue_type":"law","dispositive":"no","related_facts":"Property registered in sole name; applicant claiming joint ownership"}
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background
Facts of the Case
Background
The applicant and respondent divorced in 2017 with a consent paper awarding applicant 60% share in immovable property at 92 George Road, Chegutu, but property remained registered solely in respondent's name. Applicant sought joint registration to reflect the consent paper arrangement, while respondent sold the property without her consent.
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