Sibongile Ndlovu v Guardforce Investments (Private) Limited and Registrar of Deeds N.O

HB 87-20

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Case Details

Court

Bulawayo High Court

Date

4 June 2020

Citation

HB 87-20

Neutral Citation

[2020] ZWHB 87

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Civil procedureProperty law

Keywords

Amendment of pleadingsSubdivision certificateProperty transferApprobate and reprobate

Key Issues

{"issue_text":"Whether the applicant should be allowed to amend pleadings to include alternative prayer for transfer of 8,000 sqm","issue_type":"procedural","dispositive":"yes","related_facts":"Agreement provided for retention of 8,000 sqm; no subdivision certificate obtained; applicant challenging validity of sale"}
{"issue_text":"Whether applicant is guilty of approbating and reprobating","issue_type":"law","dispositive":"yes","related_facts":"Applicant challenges sale as unlawful but seeks specific performance"}

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Facts of the Case

Background

The applicant sought to amend pleadings in a property dispute concerning Subdivision B of Lot B Upper Rangemore, Bulawayo. The property had been transferred to the 1st respondent following an agreement of sale, but the applicant had previously obtained judgment in her favor which was later set aside by the Supreme Court. The applicant now sought extensive amendments to her pleadings, including an alternative prayer for transfer of 8,000 square meters back to her name.

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