ZONDIWE DHLOMO v DAVID DHLOMO and BARBARA VHUTUZA and EMMANUEL ANESU VHUTUZA and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS

HH 353-17

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Case Details

Court

Harare High Court

Date

7 June 2017

Citation

HH 353-17

Neutral Citation

[2017] ZWHH 353

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUNANGATI-MANONGWA J

Full Bench

MUNANGATI-MANONGWA J

Areas of Law

Property LawSuccession LawCriminal Law

Keywords

Fraudulent transferDeed of transferInnocent purchaserEstate administrationExecutorship

Key Issues

{"issue_text":"Whether or not the first defendant properly obtained title in the disputed property","issue_type":"fact","dispositive":"yes","related_facts":"Fraudulent registration of estate and transfer to his name"}
{"issue_text":"Whether or not the second and third defendants are entitled to Stand 6336 Western Triangle Highfield, Harare","issue_type":"law","dispositive":"yes","related_facts":"Purchase from fraudulent seller and subsequent construction"}
{"issue_text":"Whether or not the plaintiff is entitled to the relief sought","issue_type":"law","dispositive":"yes","related_facts":"Cancellation of deeds of transfer"}

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background

Facts of the Case

Background

The plaintiff's mother died intestate in 2002, survived by six adult children. The first defendant, an Anglican priest and one of the children, fraudulently registered the estate and transferred the mother's property into his name without the knowledge of other beneficiaries. He then sold the property to the second and third defendants, who demolished the existing house and built a new structure. The first defendant was later convicted of fraud. The plaintiff sought cancellation of the transfers.

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