Vimbai Muzeza v Eshwart Muzeza and Farai Mwandiringa and The Registrar of Deeds N.O. and Tambudzai Gandari and Fungai Gandari

HH 213-12

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Case Details

Court

Harare High Court

Date

3 May 2012

Citation

HH 213-12

Neutral Citation

[2012] ZWHH 213

Outcome

unknown

Case Type

Application

Bench

Presiding

GUVAVA J

Full Bench

GUVAVA J

Areas of Law

Family LawProperty LawCivil Procedure

Keywords

Matrimonial propertyDivorceInterdictContempt of courtInnocent purchaserTransfer of property

Key Issues

{"issue_text":"Whether the sale of the property between the first and second respondents can be set aside.","issue_type":"law","dispositive":"yes","related_facts":"Sale in contempt of court, awareness of matrimonial dispute, purchase price"}
{"issue_text":"Whether the fourth and fifth respondents are entitled to transfer of the property.","issue_type":"law","dispositive":"yes","related_facts":"Compliance with sale agreement, payment of purchase price"}

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background

Facts of the Case

Background

The applicant and first respondent were married under the Marriages Act. During the marriage, they purchased a property in Harare. Prior to the finalization of divorce proceedings, the first respondent sold the property to the second respondent in contempt of a court order. The second respondent then sold the property to the fourth and fifth respondents. The divorce court later awarded the applicant a 40% share of the property's value. The applicant sought to set aside the sale to the second respondent, while the fourth and fifth respondents sought to compel transfer from the second respondent.

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