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Supreme Court
Misheck Muza v Reggie Saruchera & 2 Ors
[2018] ZWSC 45
Case Details
Court
Supreme Court
Date
24 May 2018
Citation
[2018] ZWSC 45
Judgment No.
SC 45/18
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Author
Makarau JA
Full Bench
Gwaunza DCJMakarau JABhunu JA
Areas of Law
Property LawCivil Procedure
Keywords
interim interdictright of first refusalproperty transferliquidationovertaken by events
Tags
immovable propertyright of first refusalinterim interdictliquidationproperty transfer
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether appellant was entitled to interim interdict to restrain property transfer","issue_type":"procedural","dispositive":"yes","related_facts":"Property already transferred to second respondent"}
- {"issue_text":"Whether appellant had right of first refusal to purchase the property","issue_type":"mixed","dispositive":"no","related_facts":"Appellant offered property but sale proceeded to second respondent"}
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background
Facts of the Case
Background
The appellant, a former senior executive of JW Jaggers Wholesalers (Private) Limited, was allocated a residence at No 8 Price Road, Emerald Hill, Harare. After the company was placed under liquidation in 2011, the property was sold to the second respondent in 2013 despite the appellant being offered first option to purchase. The appellant sought interim interdict to restrain the transfer and later to reverse the sale.
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