Ramangwana Investments (Private) Limited v Dolorosa Mubvumbi and The Registrar of Deeds

HH 406-2012

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Case Details

Court

Harare High Court

Date

24 October 2012

Citation

HH 406-2012

Neutral Citation

[2012] ZWHH 406

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mtshiya J

Full Bench

Mtshiya J

Areas of Law

Property LawContract Law

Keywords

Agreement of SaleProperty TransferCaveat SubscriptorContract Validity

Key Issues

{"issue_text":"Whether there was a valid Agreement of Sale between plaintiff and first defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Signed agreement, payment made, documents executed"}
{"issue_text":"Whether the Agreement of Sale was void and contrary to Section 44 of the Stamp Duties Act","issue_type":"law","dispositive":"no","related_facts":"Alleged underpricing of property"}
{"issue_text":"Whether plaintiff is entitled to transfer of the property","issue_type":"law","dispositive":"yes","related_facts":"Valid contract exists, defendant refusing transfer"}

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background

Facts of the Case

Background

The plaintiff sought to compel the first defendant to transfer property pursuant to an agreement of sale signed on 16 March 2010. The defendant claimed she never intended to sell but only wanted a loan, despite having signed all sale documents and received the purchase price.

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