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Harare High Court
THE TRUSTEES OF ROCK FOUNDATION FAMILY TRUST v THE REGISTRAR OF DEEDS and B. DHLAKAMA AND ASSOCIATES and CHAMPIONS INSURANCE and DR GIDEON GONO and CHENGETO DUBE and WEDZERAI MAKOTOSE
HH 350-2012
Case Details
Court
Harare High Court
Date
14 September 2012
Citation
HH 350-2012
Neutral Citation
[2012] ZWHH 350
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MAWADZE J
Full Bench
MAWADZE J
Areas of Law
Property LawTrust LawCivil Procedure
Keywords
Transfer of propertyCaveatLocus standiTrust litigationProvisional order
Tags
Urgent Chamber ApplicationProvisional OrderInterdictCaveat
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has locus standi in judicio to institute these proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Property is owned by Total Communication Media (Pvt) Ltd, a separate legal persona; applicant did not show basis for instituting proceedings on behalf of the company"}
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background
Facts of the Case
Background
The applicant, trustees of a family trust, sought an urgent interdict to prevent the transfer of a property owned by Total Communication Media (Pvt) Ltd to the third respondent. The applicant claimed ownership of the company through a purchase agreement, while the fourth to sixth respondents claimed directorship and sold the property. The court dismissed the application on procedural grounds, finding the applicant lacked locus standi and the deponent lacked authority.
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