Stephen Gonye v Thandiwe Thebe and Registrar of Deeds (N.O)

HB 64/21

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Case Details

Court

Bulawayo High Court

Date

8 April 2021

Citation

HB 64/21

Neutral Citation

[2021] ZWHB 64

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Property LawInterdict Law

Keywords

property transferinterdictownership disputefraudulent transfer

Key Issues

{"issue_text":"Whether applicant has a prima facie right to interdict property transfer","issue_type":"law","dispositive":"yes","related_facts":"Applicant sold to Hlambelo, property still in his name"}
{"issue_text":"Whether there is well-grounded apprehension of irreparable harm","issue_type":"law","dispositive":"no","related_facts":"Property no longer belongs to applicant"}
{"issue_text":"Whether balance of convenience favors granting interdict","issue_type":"law","dispositive":"no","related_facts":"Applicant paid 17 years ago, first respondent occupied for 18 years"}

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background

Facts of the Case

Background

The applicant, registered owner of a property, sought an interdict to prevent transfer of the property to the first respondent, claiming he never sold it to her. He admitted selling it to Hlambelo in 2002, who later sold it to the first respondent's late husband. The property transfer process was underway when the applicant discovered it and alleged fraud.

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