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Harare High Court
Release Power Investments (Private) Limited and Assetfin (Private) Limited and Shopex (Private) Limited v Olympia Farm (Private) Limited and Chief Registrar of Deeds and The Sheriff of Zimbabwe
HH 551-23
Case Details
Court
Harare High Court
Date
12 October 2023
Citation
HH 551-23
Neutral Citation
[2023] ZWHH 551
Outcome
unknown
Case Type
Trial
Bench
Presiding
KATIYO J
Full Bench
KATIYO J
Areas of Law
Property lawCivil procedure
Keywords
Transfer of immovable propertyWrong citationMisdescriptionAmendment of summons
Tags
Property transferCitation errorAmendment of pleadings
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the omission of the word \"Farm\" from the defendant's name constituted a wrong citation rendering proceedings a nullity or a mere misdescription capable of amendment","issue_type":"procedural","dispositive":"yes","related_facts":"Citation omitted \"Farm\" from \"Olympia Farm (Private) Limited\""}
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background
Facts of the Case
Background
The plaintiffs sued for transfer of immovable property, but incorrectly cited the first defendant as "Olympia (Private) Limited" instead of "Olympia Farm (Private) Limited". The first defendant raised a point of law that this wrong citation rendered the proceedings a nullity. The plaintiffs applied to amend the citation.
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