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Harare High Court
Moses Nyasha Mwanandimai v Sydney Kaseke and Saltana Enterprises (Pvt) Ltd
HH 75-18
Case Details
Court
Harare High Court
Date
9 February 2018
Citation
HH 75-18
Neutral Citation
[2018] ZWHH 75
Outcome
unknown
Case Type
Trial
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Property LawContract Law
Keywords
stand allocationcessionjudicial managerdeveloperoccupation
Tags
immovable propertydouble saleevictionbona fide purchaser
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Who between plaintiff and first defendant should be declared bona fide purchaser of Stand 7971 Belvedere West","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff purchased from developer Saltana under judicial management; First defendant purchased from individual Rhoda Krienke"}
- {"issue_text":"Whether rights, interest and title should be ceded to plaintiff","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff has agreement with authorized developer; First defendant has no proof seller had rights"}
- {"issue_text":"Whether plaintiff is entitled to evict first defendant and occupants","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff declared legitimate purchaser; First defendant has no lawful occupation"}
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background
Facts of the Case
Background
Plaintiff and first defendant both claimed ownership of Stand 7971 Belvedere West, Harare. Plaintiff purchased from developer Saltana Enterprises (Pvt) Ltd under judicial management in 2007, took occupation by planting crops. First defendant purchased from individual Rhoda Krienke through Borm Real Estate in 2003 but only started development in 2012, slashing plaintiff's crops. Court had to determine bona fide purchaser.
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