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Bulawayo High Court
Mqhele Ndlovu v Magadalen Sibanda and Registrar of Deeds, Bulawayo
HB 108/19
Case Details
Court
Bulawayo High Court
Date
25 July 2019
Citation
HB 108/19
Neutral Citation
[2019] ZWHB 108
Outcome
unknown
Case Type
Application
Bench
Presiding
Bere J
Full Bench
Bere J
Areas of Law
Property LawContract LawAgency Law
Keywords
Agreement of saleSpecial power of attorneyProperty transferVacant possessionEviction
Tags
Property transferSpecific performanceAgency lawProperty sale agreement
legislation
Statutes Cited
- N
- o
- n
- e
- c
- i
- t
- e
- d
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the agent was authorized to dispose of the property and consequently the validity of the sale agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Special Power of Attorney given 17 Dec 2014; sale concluded 18 Dec 2014; first respondent allowed viewing"}
- {"issue_text":"Whether the application procedure was appropriate in this case","issue_type":"procedural","dispositive":"no","related_facts":"Respondent claimed material disputes of fact existed"}
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background
Facts of the Case
Background
The applicant purchased a property from the first respondent through her agent who held a special power of attorney. After payment, the first respondent refused to transfer the property claiming she had revoked the agent's authority. The applicant sought court confirmation of the sale agreement and an eviction order.
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