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Bulawayo High Court
Nicholas Khawulani Masuku v Lindani Masuku and Steven Mandi Nyoni and Registrar of Deeds
HB 145/19
Case Details
Court
Bulawayo High Court
Date
3 October 2019
Citation
HB 145/19
Neutral Citation
[2019] ZWHB 145
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Makonese J
Full Bench
Makonese J
Areas of Law
Property LawInterdictsContract Law
Keywords
property transferdeed of transferoccupation rightsagreement of salestatus quo ante
Tags
property disputeinterdicttransfer cancellationurgent application
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is urgent given the threat of eviction","issue_type":"procedural","dispositive":"no","related_facts":"1st respondent demanded eviction by 31 October 2019"}
- {"issue_text":"Whether the applicant has established a prima facie right to protection","issue_type":"mixed","dispositive":"yes","related_facts":"16 years peaceful occupation, agreement of sale not lawfully set aside"}
- {"issue_text":"Whether the balance of convenience favors granting the interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Long occupation, mala fide sale to avoid court resolution"}
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background
Facts of the Case
Background
The applicant purchased plot 4 Fairstar, Bulawayo from the 2nd respondent in 2003 and took occupation. After a dispute and litigation that was dismissed in 2007, the applicant remained in peaceful occupation for 16 years. Unbeknown to him, the 1st and 2nd respondents concluded a sale agreement in 2019, resulting in transfer to the 1st respondent who then demanded eviction, prompting this urgent application.
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