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Harare High Court
Maria Sithole v Mathias Sithole & 5 Ors and Registrar of Deeds
HH 139-18
Case Details
Court
Harare High Court
Date
14 March 2018
Citation
HH 139-18
Neutral Citation
[2018] ZWHH 139
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Property lawFamily lawCivil procedure
Keywords
Court order breachProperty saleInterdictNullityContempt of court
Tags
Family propertyInterdictContempt of courtProperty transfer
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether sale and transfer of property in breach of court order is valid","issue_type":"law","dispositive":"yes","related_facts":"Property sold and transferred after court interdict"}
- {"issue_text":"Whether applicant is entitled to confirmation of provisional order","issue_type":"law","dispositive":"yes","related_facts":"First respondent breached court order"}
- {"issue_text":"Whether second respondent is entitled to counterclaim for eviction and title deeds","issue_type":"law","dispositive":"yes","related_facts":"Second respondent claims ownership"}
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background
Facts of the Case
Background
The applicant and first respondent were married and later separated. The applicant obtained a provisional order interdicting the first respondent from selling their matrimonial property. Despite this order, the first respondent sold the property to the second respondent and transferred ownership. The applicant seeks confirmation of the provisional order and setting aside of the sale and transfer.
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