Pride Shonhiwa v Silvia Matito and Faison Matito and Vengesai Enterprises (Pvt) Ltd and The Registrar of Deeds N.O

HH 887-22

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Case Details

Court

Harare High Court

Date

21 December 2022

Citation

HH 887-22

Neutral Citation

[2022] ZWHH 887

Outcome

unknown

Case Type

Application

Bench

Presiding

Muchawa J

Full Bench

Muchawa J

Areas of Law

Property lawContract lawCivil procedure

Keywords

Specific performanceMaterial disputes of factDouble saleAgreement of saleTransfer of property

Key Issues

{"issue_text":"Whether there are material disputes of fact that cannot be resolved on the papers","issue_type":"procedural","dispositive":"yes","related_facts":"Disputed sale agreements, lack of signed agreement, no proof of payment"}
{"issue_text":"Whether applicant has locus standi to evict respondents","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's claimed ownership"}
{"issue_text":"Whether specific performance is possible","issue_type":"procedural","dispositive":"no","related_facts":"Double sale situation"}

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background

Facts of the Case

Background

The applicant claims to have purchased a property from Emmanuel Chisvo through Danai Properties in 2005, but discovered in 2014 that the first and second respondents were occupying the property, claiming they purchased it from the same seller through Graham and Douglas Real Estate. The application seeks specific performance and eviction.

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