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Harare High Court
Michael Nelson Nyabanga v Assetfin (Pvt) Ltd and Zimbos (Pvt) Ltd and Sheriff of Zimbabwe N.O. and Registrar of Deeds N.O.
HH 95-21
Case Details
Court
Harare High Court
Date
9 March 2021
Citation
HH 95-21
Neutral Citation
[2021] ZWHH 95
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Property lawContract lawCivil procedure
Keywords
Agreement of saleTransfer of propertyCause of actionExceptionSpecific performance
Tags
Specific performanceExceptionContractProperty transfer
legislation
Statutes Cited
- High Court Rules, 1971
- Land Survey Act
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the plaintiff's claim disclose a cause of action against the 1st defendant?","issue_type":"procedural","dispositive":"yes","related_facts":"Agreement of sale between plaintiff and 1st defendant; property registered in 2nd defendant's name"}
- {"issue_text":"Does the plaintiff's claim disclose a cause of action against the 2nd defendant?","issue_type":"procedural","dispositive":"yes","related_facts":"No direct agreement between plaintiff and 2nd defendant; property registered in 2nd defendant's name"}
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background
Facts of the Case
Background
The plaintiff instituted proceedings seeking an order compelling transfer of certain property from the defendants. The 1st and 2nd defendants took exception, arguing that no cause of action was established against them as the property was not owned by the 1st defendant and there was no contractual relationship with the 2nd defendant.
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