Norest Nyamakope v Yvonne Nyaradzo Makwiyanah and Registrar of Deeds

HH 770-18

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Case Details

Court

Harare High Court

Date

21 November 2018

Citation

HH 770-18

Neutral Citation

[2018] ZWHH 770

Outcome

unknown

Case Type

Trial

Bench

Presiding

Hungwe J

Full Bench

Hungwe J

Areas of Law

Property lawContract lawFamily law

Keywords

Co-ownershipConditional giftRegistrationMarriage contemplationContra bonis mores

Key Issues

{"issue_text":"Whether the plaintiff is entitled to be declared sole owner of the property","issue_type":"mixed","dispositive":"yes","related_facts":"Joint registration, plaintiff paid full price, no contribution from defendant"}
{"issue_text":"Whether registration creates irrevocable co-ownership rights","issue_type":"law","dispositive":"no","related_facts":"Property registered in joint names"}
{"issue_text":"Whether the transfer of rights was a conditional gift","issue_type":"law","dispositive":"yes","related_facts":"Rights transferred in contemplation of marriage"}
{"issue_text":"Whether the agreement was contra bonis mores","issue_type":"law","dispositive":"no","related_facts":"Both parties married to others at time of agreement"}

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background

Facts of the Case

Background

The plaintiff and first defendant, both married to other people, entered into a romantic relationship in 2012. The plaintiff purchased a property and registered it in both their names in anticipation of marriage. When the relationship ended before they lived together, the plaintiff sought a declaration that he was the sole owner of the property.

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