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Harare High Court
Mayor Logistics (Pvt) Ltd v Guoxing Gong and Mathonsi Family Enterprises (Pvt) Ltd and The Registrar of Deeds
HH 5/16
Case Details
Court
Harare High Court
Date
13 January 2016
Citation
HH 5/16
Neutral Citation
[2016] ZWHH 5
Outcome
unknown
Case Type
Application
Bench
Presiding
Makoni J
Full Bench
Makoni J
Areas of Law
Property LawContract LawCivil Procedure
Keywords
Deed of TransferCaveat registrationCourt order enforcementBad faithDouble sale
Tags
Property transferCaveatDefault judgmentDouble sale
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the transfer to first respondent should be cancelled due to existing court order","issue_type":"law","dispositive":"yes","related_facts":"Default judgment in HC 218/12, caveat registration, knowledge of parties"}
- {"issue_text":"Whether first respondent was an innocent third party","issue_type":"fact","dispositive":"yes","related_facts":"Phone conversations between legal representatives, knowledge of court order"}
- {"issue_text":"Whether the caveat prevented valid transfer","issue_type":"law","dispositive":"yes","related_facts":"Caveat registration, transfer despite caveat, Registrar of Deeds actions"}
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background
Facts of the Case
Background
Applicant obtained default judgment for transfer of property from second respondent in HC 218/12. Despite caveat being placed, second respondent transferred property to first respondent. Applicant seeks cancellation of the deed of transfer.
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