Sikanyisiwe Phiri v Brighton Ndone and Simangaliso Murungi and Edmore Makonese and Legion Majahanda and Registrar of Deeds and NMB Bank and The Registrar General

HH 486-25

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Case Details

Court

Harare High Court

Date

29 August 2025

Citation

HH 486-25

Neutral Citation

[2025] ZWHH 486

Outcome

unknown

Case Type

Trial

Bench

Presiding

Chitapi J

Full Bench

Chitapi J

Areas of Law

Property LawPrescriptionDeclaratory Relief

Keywords

prescriptiondeclaraturdeed of transferfraudulent transfernullityimmovable property

Key Issues

{"issue_text":"Does a declaratur prescribe under the Prescription Act?","issue_type":"law","dispositive":"yes","related_facts":"Claim filed more than 3 years after discovery of alleged fraud"}
{"issue_text":"Has the plea of prescription been validly taken in this matter?","issue_type":"procedural","dispositive":"yes","related_facts":"Underlying causa is alleged fraudulent transfer"}

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background

Facts of the Case

Background

The plaintiff, registered owner of immovable property under deed of transfer No 4498/98, discovered in April 2015 that her property had been fraudulently transferred to the fourth and fifth defendants under deed of transfer No 715/15 dated 29 April 2015. She filed a claim on 1 September 2021 seeking declaratory relief. The fourth and fifth defendants raised a special plea of prescription, arguing the claim was time-barred under s 15(d) of the Prescription Act.

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