Precious Chipunza v Mosley Mashingaidze

[2019] ZWSC 87

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Case Details

Court

Supreme Court

Date

8 November 2019

Citation

[2019] ZWSC 87

Judgment No.

SC 87/2019

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Patel JA

Full Bench

Patel JABhunu JABere JA

Areas of Law

Property lawCivil procedure

Keywords

evictionownership disputelis alibi pendenstitle deedbona fide purchaser

Key Issues

{"issue_text":"Whether court should stay eviction proceedings pending determination of ownership in separate case","issue_type":"procedural","dispositive":"yes","related_facts":"HC 2469/13 pending; appellant in occupation; respondent holds title deed"}
{"issue_text":"Whether defence of lis alibi pendens applies to later-filed case","issue_type":"procedural","dispositive":"yes","related_facts":"HC 11588/11 filed 2011; HC 2469/13 filed later"}
{"issue_text":"Whether title deed is conclusive proof of ownership","issue_type":"mixed","dispositive":"no","related_facts":"Respondent holds title deed; appellant challenges transfers"}

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background

Facts of the Case

Background

The appellant occupied property in Meyrick Park, Harare. The respondent claimed to be registered owner and sought eviction. The appellant disputed ownership, claiming he had only signed a loan agreement with Frank Buyanga, not a sale agreement. The property was transferred through various entities to the respondent. A separate case (HC 2469/13) was pending to determine true ownership.

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