Simbarashe Godwin Madzima and Nigel Masimba Madzima v Freddy Chimbari N.O and Kenias Mutyasira and Master of the High Court N.O and Registrar of Deeds N.O

HH 657-17

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Case Details

Court

Harare High Court

Date

27 September 2017

Citation

HH 657-17

Neutral Citation

[2017] ZWHH 657

Outcome

unknown

Case Type

Trial

Bench

Presiding

TSANGA J

Full Bench

TSANGA J

Areas of Law

Property lawContract lawSuccession law

Keywords

Void agreementRestitutionUnjust enrichmentDeceased estateInvalid will

Key Issues

{"issue_text":"What compensation is payable for a void property sale where the purchase price was paid to the estate?","issue_type":"mixed","dispositive":"yes","related_facts":"Void sale, purchase price paid, estate benefited"}
{"issue_text":"Should improvements made by purchasers be compensated?","issue_type":"law","dispositive":"no","related_facts":"Plaintiffs made improvements, occupied property since 2009"}
{"issue_text":"What is the appropriate period for vacation of the property?","issue_type":"procedural","dispositive":"no","related_facts":"Void agreement, plaintiffs in occupation"}

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background

Facts of the Case

Background

The plaintiffs purchased property from a deceased estate based on an invalid will that was later declared void for disinheriting the spouse. After the sale was declared null and void, the plaintiffs sought compensation for the purchase price and improvements made to the property.

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