Otto Chimwanengara v The Sheriff of the High Court of Zimbabwe (N.O) and Debra Chambara

HH 487-18

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Case Details

Court

Harare High Court

Date

20 August 2018

Citation

HH 487-18

Neutral Citation

[2018] ZWHH 487

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Property lawCivil procedure

Keywords

Immovable propertyAuctionTransferExceptionCause of action

Key Issues

{"issue_text":"Whether the plaintiff's summons discloses a cause of action against the second defendant","issue_type":"procedural","dispositive":"yes","related_facts":"The summons only states property was transferred to second defendant without alleging fraud, negligence or any wrongful conduct"}

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background

Facts of the Case

Background

The plaintiff purchased immovable property at an auction conducted in 2014 and paid the purchase price. The sale was confirmed and transfer fees were deposited with conveyancers. Subsequently, the sale was rescinded and the property was sold by private treaty to the second defendant. The plaintiff sought to have the transfer to the second defendant declared null and void and the property transferred to him.

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