Vimbayi Charity Rundofa v Luckie Magorimbo

HH 303-12

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Case Details

Court

Harare High Court

Date

26 July 2012

Citation

HH 303-12

Neutral Citation

[2012] ZWHH 303

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Family LawProperty Law

Keywords

divorceconsent papertransfer of propertycommon mistakecontempt of court

Key Issues

{"issue_text":"Whether the property was an asset of the spouses at the time the decree of divorce was granted","issue_type":"fact","dispositive":"yes","related_facts":"Ownership status of Stand 788 at time of divorce; nature of agreement with Devine Homes"}
{"issue_text":"Whether clause 7 of the consent paper can be varied or rescinded under rule 449 of the Rules of the High Court","issue_type":"law","dispositive":"yes","related_facts":"Common mistake of parties; impossibility of performance"}
{"issue_text":"Whether the respondent is in contempt of the court order","issue_type":"law","dispositive":"yes","related_facts":"Failure to transfer property; impossibility of performance"}

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background

Facts of the Case

Background

The parties were divorced by consent order which included a clause for transfer of an undeveloped stand to their children. However, the property was not owned by the parties at the time of divorce as the original sale agreement was with a party who had no title. The respondent later purchased the same stand from the rightful owner. The applicant sought to enforce the transfer, while the respondent sought to vary the order.

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