Norris Trust v Mercy Mzondiwa (nee Mhaka) and Others

HB 166/24

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Case Details

Court

Bulawayo High Court

Date

21 November 2024

Citation

HB 166/24

Neutral Citation

[2024] ZWHB 166

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kabasa J

Full Bench

Kabasa J

Areas of Law

Property lawPrescription

Keywords

PrescriptionDeed of transferProperty ownershipDouble sale

Key Issues

{"issue_text":"Whether Mercy's claim for cancellation of the Deed of Transfer and transfer of the property into her name has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Claim issued in 2019, 8-10 years after awareness of Deed of Transfer"}
{"issue_text":"Whether Mercy's claim constitutes a debt as defined in the Prescription Act","issue_type":"law","dispositive":"yes","related_facts":"Claim seeks transfer of immovable property"}
{"issue_text":"Whether prescription was interrupted by Mercy's defence of the eviction proceedings","issue_type":"law","dispositive":"no","related_facts":"Mercy defended HC 1141/09 on basis of ownership"}

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Facts of the Case

Background

The plaintiff (Norris Trust) claimed ownership of a property and sought eviction of the defendant (Mercy Mzondiwa) in 2009. The defendant counter-claimed in 2019 seeking cancellation of the plaintiff's deed of transfer and transfer of the property into her name, alleging she had bought the property earlier through a special arrangement. The plaintiff raised prescription as a defence, arguing the claim was time-barred.

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