Wilfred Muteweye and Susan Muteweye v Stillford Investments (Pvt) Ltd and MCBase Investments (Pvt) Ltd and Sheriff of Zimbabwe N.O and Linah Ndoli Agere and Registrar of Deeds and Tallspring Investments (Pvt) Ltd

HH738/22

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Case Details

Court

Harare High Court

Date

26 October 2022

Citation

HH738/22

Neutral Citation

[2022] ZWHH 738

Outcome

unknown

Case Type

Application

Bench

Presiding

NDLOVU J

Full Bench

NDLOVU J

Areas of Law

Deeds Registries ActProperty LawCivil Procedure

Keywords

Judicial SaleSheriffTransfer of TitleNullityDouble SaleCaveat

Key Issues

{"issue_text":"Whether the subsequent sale and transfer to the 1st and 2nd respondents is a legal nullity following the unlawful cancellation of the judicial sale to the applicants","issue_type":"law","dispositive":"yes","related_facts":"Sheriff's cancellation, subsequent transfer to 1st and 2nd respondents"}
{"issue_text":"Whether this case constitutes a double sale","issue_type":"law","dispositive":"yes","related_facts":"Two sales by different sellers"}
{"issue_text":"Whether the applicants are entitled to cancellation of the title deeds held by the 1st and 2nd respondents","issue_type":"law","dispositive":"yes","related_facts":"All facts regarding the sales and transfers"}

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Facts of the Case

Background

The applicants purchased a property at a judicial sale and paid the full purchase price, but the Sheriff unlawfully cancelled the sale. The judgment debtor then sold the same property to the 1st and 2nd respondents, who took transfer. A previous court declared the Sheriff's cancellation illegal. The applicants now seek cancellation of the 1st and 2nd respondents' title deeds.

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