Passing of Ownership, Proof of Title and Jus in re Propria re: Sale of Mortgaged Property

HH23-09 : TUVIGARI INVESTMENTS (PRIVATE) LIMITED vs LUCY CHIREMBA (nee Gotora) AND TWO OTHERS
Ruled By: BERE J

The respondent maintained that...in any event the law does not prohibit the sale of mortgaged property, the only hinderance being that such property cannot be transferred without the consent of the mortgagor. I agree, because in general terms the mortgagor would not refuse transfer if the mortgage bond has been fully serviced.

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- Evidence on Behalf of a Corporate Entity and Institutional Memory
- Expert Evidence, Opinion Evidence and Toolmark Evidence re: Approach and the Limited Expert Knowledge of the Court
- Expert Evidence, Opinion Evidence and Toolmark Evidence re: Disclaimers, Qualified Opinions & Opinions Without an Author
- Expert Evidence, Opinion Evidence and Toolmark Evidence re: Foreign Legislation and Political Reports
- Expert Evidence, Opinion Evidence and Toolmark Evidence re: Traditional or Indigenous Wisdom
- Findings of Fact re: Assessment of Evidence and Inferences iro Approach, Facta Probantia and Facta Probanda
- Findings of Fact re: Assessment of Evidence and Inferences iro Evidentiary Concessions & Conduct Resulting in Estoppel
- Findings of Fact re: Concessions or Agreements Between Counsel and the Abandonment of Concessions or Agreements
- Findings of Fact re: Witness Testimony iro Approach & the Presumption of Clarity of Events Nearer the Date of the Event
- Findings of Fact re: Witness Testimony iro Candidness with the Court and Deceptive or Misleading Evidence
- Hearsay Evidence, Res Gestae and Informants Not Presenting Corroborative Oral Evidence or Statements on Oath
- Hostile or Adverse Witness
- Illegally or Unlawfully Obtained or Tainted Evidence, Inadmissible Evidence and the Exclusionary Rule
- Incapacitated and Incapable Witness
- Inspection in Loco
- Irrelevant Evidence, Speculative Evidence, Character Evidence, Improbable or Implausible Evidence & the Rule of Relevance
- Onus, Burden & Standard of Proof & Rule that He Who Alleges Must Prove re: Criminal Allegations Raised in Civil Proceedings
- Onus, Burden and Standard of Proof and Principle that He Who Alleges Must Prove re: Approach
- Onus, Burden and Standard of Proof re: Constitutional Right to Remain Silent
- Onus, Burden and Standard of Proof re: Evidential Standard and Burden of Proof iro Factual Issues in Doubt
- Onus, Burden and Standard of Proof re: Trial Within a Trial
- Prevaricative or Inconsistent Evidence and Approbating and Reprobating a Course in Proceedings
- Subpoena Ad Testificandum or Witness Summons re: Competent or Compellable Witness, Claim of Privilege & Rule of Relevance
- Subpoena Ad Testificandum or Witness Summons re: Competent Witness iro Officers of the Court & Judicial Support Staff
- Subpoena re: Subpoena Duces Tecum or Judicial Order for the Production of Documents and the Rule of Relevance
- Subpoena re: Warrant of Entry, Search and Seizure, Claim for Return of Seized Property and the Anton Piller Order
Company Law
- Company or Business Trade Name Protection and Change of Name
- Company Secretarial Services
- Directorship re: Approach, Powers, Boardroom Disputes and Collective Responsibility
- Legal Personality re: Approach, Rule of Separate Legal Existence, Business Trade Names & Fiction of Separate Legal Entity
- Legal Personality re: Dissolution of a Company, De-registered and Unregistered Companies
- Legal Personality re: Holding Company or Parent Company, Subsidiaries, Divisions, Group Structures and Related Parties
- Legal Personality re: Lifting Corporate Veil, Personal Liability of Directors, Alter Ego & Fiction of Separate Legal Entity
- Legal Personality re: Parastatals, Statutory Entity, State Institutions & Government Controlled Special Purpose Vehicles
- Legal Personality re: Proceedings Against a Corporate Entity and the Citation of Company Executives
- Nationality and Residence Status of a Company
- Pre-Incorporation Contracts
- Privatization of Parastatals, Statutory Corporations and Government Institutions
- Shareholding re: Allotment, Issue, Equity Transactions, Alienation or Disposal of Corporate Assets and Notifiable Mergers
- Shareholding re: Minority Shareholders, Derivative Action, Asserting Rights on Behalf of Company & Proper Plaintiff Rule
- Shareholding re: Shareholder Meetings iro Judicial Meetings
- Shareholding re: Shareholder Meetings, Notices, Quorums, Passing of Resolutions & Shareholder Rights
- Turquand Rule or Indoor Management Rule and the Presumption of Regularity re: Parastatals and Statutory Bodies
- Turquand Rule or Indoor Management Rule, the Presumption of Regularity in Corporate Affairs & the Doctrine of Estoppel
Company Law re: Co-operative Societies, Trusts, Voluntary and Un-incorporated Associations or Organisations
- Objectives, Vesting of Administrative Powers, Disputes, Derivative Actions and the Proper Plaintiff Rule
- Registration. Legal Personality and Operational Autonomy of Governance Mechanisms
- Trust Property, Trust Res or Corpus
Company Law re: Indigenisation and Economic Empowerment and Affirmative Action
Company Law re: Partnership Law and Co-Ownership
- Approach, Partnership Agreement, Joint Ventures, Consortiums and Nature of the Business Relationship
- Division of Co-Ownership Assets re: Dissolution, Identification, Alienation or Disposal and the Actio Communi Dividundo
- Legal Personality
Competition Law
- Approach
- Mergers, Acquisitions and Takeovers
- Unfair Trade Competition, Copyright Infringements, Trademark Infringements, Passing Off and Restraint of Trade
Constitutional Law
- Constitutional Application re: Subsidiarity, Avoidance or Non-Constitutional Remedies & Non-Constitutional Appeals
- Constitutional Application, Appeal & Referral re: Approach, Locus Standi, Jurisdiction, Powers and Access to the Court
- Constitutional Appointments, Body Established by the Constitution and the Powers and Extent of Administrative Autonomy
- Constitutional Law re: Approach, Rationale of State Constitutions, Principle of Limited Government and the Governing Law
- Constitutional Law re: Dual Citizenship and Citizenship by Birth, Descent or Registration
- Constitutional Law re: International Treaties and the Observance of Pacta Sunt Servanda
- Constitutional Law re: Legal Age of Majority
- Constitutional Law re: Referendums
- Constitutional Law re: Separation of Powers and Disputes Between the Arms of State
- Constitutional Rights re: Access to Courts, Legal Literacy, Judicial Independence, Impartiality, Dignity and Authority
- Constitutional Rights re: Approach, Scope, Limitation, Attenuation & Justiciability or Enforcement of Fundamental Rights
- Constitutional Rights re: Arrest, Detention and Security iro Constitutional Obligations of Security Forces & Personnel
- Constitutional Rights re: Arrest, Detention, Criminal Prosecution, Fair & Speedy Trial iro Permanent Stay or Dismissal
- Constitutional Rights re: Arrest, Detention, Prosecution, Fair Trial Rights, Liberty Rights & Habeas Corpus Proceedings
- Constitutional Rights re: Association, Assembly, Freedom to Demonstrate and Petition
- Constitutional Rights re: Children, Youth, the Upper Guardian of Minors and the Principle of Best Interests of Children
- Constitutional Rights re: Equal Protection of the Law, Non-Discrimination, Positive Discrimination and Classification
- Constitutional Rights re: Expression and Dignity
- Constitutional Rights re: Legal Representation
- Constitutional Rights re: Liberty, Torture, Inhuman and Degrading Treatment or Punishment & Principle of Human Dignity
- Constitutional Rights re: Life
- Constitutional Rights re: Marriage Rights, Gender Equality, Parental or Guardianship Rights & Institution of the Family
- Constitutional Rights re: Movement and Residence
- Constitutional Rights re: National Objectives
- Constitutional Rights re: Personal Security
- Constitutional Rights re: Political Rights, Coup d'etat and the Concepts of De Facto and De Jure Control
- Constitutional Rights re: Privacy
- Constitutional Rights re: Property Rights, Compulsory Deprivation, Arbitrary Eviction and the Right to Shelter
- Constitutional Rights re: Religion and Conscience
- Constitutional Rights re: Socio-economic Rights and the Protection of Societal Values and Norms
- Constitutional Rights re: Women's Rights
Constitutional Law re: Constitutionality of Statutory Provisions and Conduct and the Principle of Constitutionalism
- Constitutionality of Statutory Provisions and Conduct re: Approach, Declaration and Confirmation Proceedings
- Constitutionality of Statutory Provisions re: Access to Information and Protection of Privacy Act
- Constitutionality of Statutory Provisions re: Banking and Finance Laws
- Constitutionality of Statutory Provisions re: Broadcasting Services Act
- Constitutionality of Statutory Provisions re: Citizenship of Zimbabwe Act and Immigration Laws
- Constitutionality of Statutory Provisions re: Civil Evidence Act
- Constitutionality of Statutory Provisions re: Common Law Legal Principles
- Constitutionality of Statutory Provisions re: Conduct, Action or Decisions
- Constitutionality of Statutory Provisions re: Constitutional Provisions
- Constitutionality of Statutory Provisions re: Criminal Law (Codification and Reform) Act
- Constitutionality of Statutory Provisions re: Criminal Procedure and Evidence Act
- Constitutionality of Statutory Provisions re: Delegated or Subsidiary Legislation
- Constitutionality of Statutory Provisions re: Electoral Act
- Constitutionality of Statutory Provisions re: Labour Act
- Constitutionality of Statutory Provisions re: Labour Act iro Collective Bargaining Agreements
- Constitutionality of Statutory Provisions re: Land Act
- Constitutionality of Statutory Provisions re: Marriage Laws
- Constitutionality of Statutory Provisions re: Police Act
- Constitutionality of Statutory Provisions re: Political Parties (Finance) Act
- Constitutionality of Statutory Provisions re: Prescription or Statute of Limitations Statutes
- Constitutionality of Statutory Provisions re: Presidential Powers (Temporary Measures) Act
- Constitutionality of Statutory Provisions re: Prisons Act
- Constitutionality of Statutory Provisions re: Private Bills
- Constitutionality of Statutory Provisions re: Public Order and Security Act
- Constitutionality of Statutory Provisions re: Reconstruction of State Indebted Insolvent Companies Act
- Constitutionality of Statutory Provisions re: State Liabilities Act
- Constitutionality of Statutory Provisions re: Statutes or Conduct in Breach of Non-Derogable Constitutional Rights
- Constitutionality of Statutory Provisions re: Taxation Laws
- Constitutionality of Statutory Provisions re: Traditional Leaders Act
- Constitutionality of Statutory Provisions re: Urban Councils Act
Constitutional Law re: Parliamentary Authority, Powers and Proceedings
- Bills, Amendment of the Constitution and Ordinary Legislation re: Approach, Presentation, Passing and Repeal
- Clerk of Parliament re: Appointment and Dismissal
- Impeachment Proceedings and Vacancy in the Office of the Presidium of the Republic
- Legal Status of Parliament and Parliamentary Privileges
- Parliamentary Rules re: Approach, Peremptory Provisions and the Doctrines of Strict Compliance & Substantial Compliance
- Powers of Parliament to Legislate re: Presidential Powers (Temporary Measures)
- Powers of Parliament to Legislate, Constitutional Limitations to Legislative Powers, Judicial Activism & the Rule of Law
- Speaker of Parliament re: Election and Functions
- Term of Office, Membership of Parliament and the Principle of Representative Democracy
- Vacancies in the Membership of Parliament
Contract Law
- Buy Back Agreement
- Contract for the Benefit of a Third Party, Stipulatio Alteri and the Ratification or Adoption of Agreements
- Contract of Hire, Letting, Supply of Goods and Services, Service Agreements and Fiscal or Taxation Considerations
- Debt Collection re: Collection Commission and the Simultaneous Claim of Collection Commission & Punitive Costs of Suit
- Debt Interest re: Contractual, Statutory, Judgment, Penalty, Usury, Accrual of Interest and Economic Inflationary Trends
- Debt Interest re: In Duplum Rule
- Debt Interest re: In Duplum Rule iro Statutory Obligations
- Debt re: Acknowledgement of Debt iro Assumption of Liability, Negotiorum Gestio, Expromissio & the Concept of Intercessio
- Debt re: Acknowledgement of Debt or Liquid Document, the Acceptance of Liability and the Claim on Stated Account
- Debt re: Contractual and Judgment Debt iro Approach, Proof of Claim, Execution and Revalorization of Debts
- Debt re: Joint and Several Liability
- Debt re: Quantum Meruit
- Debt re: Security, Executable Assets, Jus In re Aliena, Parate Executie or Summary Execution and Pactum Commissorium
- Debt re: Statutory Obligations
- Dispute Resolution re: Approach, Governing Law, Penalty Stipulations and Contractual Consequences of Breach of Contract
- Dispute Resolution re: Commercial Arbitration iro Approach, Proceedings, Registration and Execution of Arbitral Awards
- Guarantees, Warranties, Representations, Undertakings, Latent Defects, Patent Defects and Defective Performance
- Indemnification, Exemption or Exclusionary Clause
- Memorandum of Understanding and Agreements to Contract in the Future
- Option, Reserved Right, Right of First Refusal and the Right of Pre-emption
- Pre-Financing Contracts
- Set-Off, the Doctrine of Compensation or Compensatio re: Approach
- Set-Off, the Doctrine of Compensation or Compensatio re: Legal Practitioners Fees
- Set-Off, the Doctrine of Compensation or Compensatio re: Statutory Obligations
- Specific Performance re: Approach, Impossibility of Performance and the Exceptio Non Adimpleti Contractus
- Specific Performance re: Judicial Personal Rights Over Property iro Order for the Tender of Purchase Price
- Specific Performance re: Time of Performance iro Debtors Mora, Mora Ex Re, Mora Ex Persona, Interpellatio & Time of Essence
- Specific Performance re: Triable Issues
- Termination of Contracts and Notice of Cancellation re: Approach, Debtors Mora & Contractual Effect of Breach of Contract
- Termination of Contracts and Notice of Cancellation re: Breach of Non-Material Contractual Provisions
- Termination of Contracts and Notice of Cancellation re: Intentional Inducement of Breach of Contract
- Termination of Contracts and Notice of Cancellation re: Judicial Mora
- Unjust Enrichment re: Approach, Colore Officii or Extortion by Colour of Office, Equality and Equity Considerations
- Unjust Enrichment re: Illegal Contracts, Ex Turpi Causa and In Pari Delicto Rules, Criminal Liability & Just Cause Conduct
- Variation of Contracts re: Approach and Resolution of Contractual Lacunas
- Variation of Contracts re: Approach iro Statutory Variations
- Variation of Contracts re: Deed of Settlement, Compromise Agreement iro Assignment, Cession, Novation and Subrogation
- Variation of Contracts re: Deed of Settlement, Compromise Agreement iro Judicial & Mandatory Statutory Rights & Obligations
- Variation of Contracts re: Deed of Settlement, Compromise Agreement iro Tender of Settlement and Mitigation of Damages
- Variation of Contracts re: Deed of Settlement, Compromise Agreement iro Waiver, the Presumption Against Waiver & Estoppel
- Variation of Contracts re: Deed of Settlement, Compromise Agreement iro Without Prejudice Negotiations
- Variation of Contracts re: Mutual Exclusivity and Severability of Contractual Provisions and the Blue Pencil Rule
- Verbal or Oral Agreement, Undocumented Transactions and Unsigned Draft Agreements or Informal Contracts
Contract Law re: Essential Elements
- Consensus Ad Idem re: Approach iro Foundation, Sanctity, Privity, Quasi Mutual Assent & Retrospectivity of Contracts
- Consensus Ad Idem re: Approach iro Privity of Contract ito Consumer Contracts & Common Law Tenets of Natural Justice
- Consensus Ad Idem re: Approach iro Privity of Contract ito Enforcement of Contracts Inter Se and Tertia Pars
- Consensus Ad Idem re: Capacity to Contract & Presumption that Every Party to a Contract has Full Contractual Capacity
- Consensus Ad Idem re: Condition Precedent, Suspensive Conditions, Fictional Fulfilment & Exceptio Non Adimpleti Contractus
- Consensus Ad Idem re: Fraud or Fraudum Legis, Duress, Undue Influence and Misrepresentation
- Consensus Ad Idem re: Inducements to Contract and the Doctrine of Consideration
- Consensus Ad Idem re: Mistake, Error, Justus Error or Reasonable Mistake and the Language of Record
- Consensus Ad Idem re: Offer and Acceptance, Counter-Offer and the Concept of Vinculum Juris
- Consensus Ad Idem re: Statutory Contracts
- Consensus Ad Idem re: Virtual Contracts
- Intent or Animus Contrahendi re: Deemed, Implied, Tacit, Unsigned Agreements or Informal Contracts
- Intent or Animus Contrahendi re: Proprietory and Financial Interest Parties
- Intent or Animus Contrahendi re: Simulated or Disguised Agreements
- Intent or Animus Contrahendi re: Trade or Past Practices, Parol Evidence Rule, Integration Rule, Rectification & Retraction
- Intent or Animus Contrahendi re: Trade Practices, Parole Evidence Rule, Integration Rule iro Arbitration Proceedings
Contract Law re: Lotteries, Gaming and Promotions
Contract Law re: Purchase and Sale
- Contract of Sale re: Approach, Essential Elements, Contract for Merx Not Yet in Existence and Validity of Contract
- Contract of Sale re: Conditional, Unconditional, Suspensive Sales and the Officious Bystander Test
- Contract of Sale re: Contract of Consignment
- Contract of Sale re: Types of Sales, Third Party Eviction, Possession, Ownership and the Passing of Risk and Title
- Delivery, Modes of Delivery and Remedies for Non-Delivery
- Purchase Price re: Approach, Terms of Payment, Ad Stipulator and the Actio Venditi
- Purchase Price re: Fiscal or Taxation Considerations
- Quotations and Orders
Contract Law re: Purchase and Sale iro Procurement and Tender
Damages
- Damages re: Approach iro Public Claims on the State
- Damages re: Assessment and Evidence of Damages iro Approach and the Once and For All Rule
- Damages re: Assessment and Evidence of Damages iro Proof of Claim and Quantification
- Damages re: Contingent Right to Damages
- Damages re: Contractual Damages, Damages In Lieu of Specific Performance & Contractual Effects of Breach of Contract
- Damages re: Currency Nominalism, Economic Inflationary Trends and the Revalorization of Damages, Claims or Court Orders
- Damages re: Holding Over Damages
- Damages re: Labour Proceedings
- Damages re: Leased Premises Defects
- Damages re: Punitive Damages
- Damages re: Remote Damages
- Delictual Damages re: Adultery Damages
- Delictual Damages re: Bodily, Personal Injury or Contumelia and Non-Patrimonial Loss iro Approach
- Delictual Damages re: Bodily, Personal Injury or Contumelia and Non-Patrimonial Loss iro Emotional or Mental Distress
- Delictual Damages re: Defamation, Malicious Prosecution, Arrest and Execution against Property
- Delictual Damages re: Economic or Monetary Loss iro Commercial, Pecuniary, Patrimonial, Loss of Income or Revenue
- Delictual Damages re: Economic or Monetary Loss iro Property Loss or Damage
- Delictual Damages re: Professional Negligence
Delict Law
- Adultery
- Contumelia, Injuria, Assault, Malicious or Wrongful Prosecution, Arrest or Detention and Execution against Property
- Defamation re: Approach and the Ipsissima Verba Rule
- Defamation, Plea of Justification, Fair Comment & Constitutional Right to Freedom of Expression re: Political Defamation
- Defamation, the Pleas of Justification or Privilege, Fair Comment and the Constitutional Right to Freedom of Expression
- Negligence or Dolus re: Approach and the Lex Aquilia or Aquilian Actions
- Negligence or Dolus re: Liability iro Contributory Negligence
- Negligence or Dolus re: Liability iro Intentional Inducement of Breach of Contract & the Intrusion of Contractual Rights
- Negligence or Dolus re: Liability iro Loss Arising from Commercial and Professional Negligence
- Negligence or Dolus re: Liability iro Loss Arising from Industrial Accident
- Negligence or Dolus re: Liability iro Loss Arising from Road Traffic Accident
- Negligence or Dolus re: Liability iro Loss Arising from Road Traffic Accident ito Police Investigations
- Negligence or Dolus re: Liability iro Loss Arising from Road Traffic Accident ito Violation of Road Traffic Rules
- Negligence or Dolus re: Liability iro Sexual Harassment, Emotional and Mental Distress
- Negligence or Dolus re: Liability iro Vicarious Liability
- Negligence or Dolus re: Liability iro Vicarious Liability ito Delicts of Legal Practitioners in Course & Scope of Duty
- Negligence or Dolus re: Liability iro Voluntary Assumption of Risk
Education Law
- Enforcement of Discipline, Chastisement or Corporal Punishment
- Enrolment Contract, Religious Community Schools, Religious Freedom and the Constitutional Right to Education
- Examinations
- Fee Structure, Non-Payment of Fees and Debt Collection
- Political Activities of Educational Institutions, Proselytisation & the Constitutional Right to Freedom of Conscience
- Student Representative Body
Electoral Law
- Coup d'etat , the Concepts of De Facto and De Jure Control & the Effect of Authority Exercised by the Usurping Power
- Diaspora Voters or Citizens Resident in Foreign Countries
- Electoral Petitions re: Approach, Form, Manner and Nature of Electoral Proceedings
- Electoral Petitions re: Conduct of Elections, Principle of Majority Rule and the Presumption of Validity of an Election
- Electoral Petitions re: Counting, Verification, Collation, the Declaration of Results and Custody of Electoral Residue
- Electoral Petitions re: Nomination Court and Electoral Court iro Functions, Powers, Proceedings and Tenure of the Bench
- Electoral Petitions re: Nomination iro Criminal Record, Convicted Candidates and Grounds for Disqualification
- Incapacitated Voters and the Assistance to Cast their Vote
- Invalid Votes or Spoilt Ballots
- Media Coverage
- Political Party Symbols and the Design of Election Ballot Paper
- Postal Ballots, Special Voters and the Special Voting Process
- Voter Education
- Voters Roll and Voter Registration
- Voting Systems
Energy and Power Law
- Electrical Energy
- Liquid Fuels
Environment Law
- Hazardous Substances and Waste
- Wetlands
Estate Law re: Approach and Deceased Estates
- Appointment of Executor, Trustee and Curator re: Approach iro Protection of Minors and Incapacitated Persons Interests
- Appointment of Executor, Trustee and Curator re: Approach, Scope, Powers and Obligations
- Appointment of Executor, Trustee and Curator re: Fees and the Assessment Thereof
- Appointment of Executor, Trustee and Curator re: Removal , Resignation, Renunciation and Discharge Qua Executor
- Division of Estate Property re: Alienation or Disposal of Estate Property and the Protection of Minor Heirs Interests
- Division of Estate Property re: Distribution Account, Inheritance Plan, Objections, Confirmation, Setting Aside & Re-opening
- Division of Estate Property re: Registration, Composition of Deceased Estate, Creditors Claims and Non-Estate Property
- Estates of Minors and Incapacitated Persons re: Approach
- Legal Status of a Deceased Estate and the Execution of Court Orders Granted Prior to the Deceased's Death
- Master's Report, the Master of the High Court's Authority and Obligations to Heirs and Minors
- Rights of Beneficiaries re: Antenuptial Contracts and the Joinder of Estates
- Rights of Beneficiaries re: Claim of Beneficiaries to Occupy Immovable Property, Rights to Habitatio & Usufruct Rights
- Rights of Beneficiaries re: Inheritance Ab Intestate and Property Transcending Separate Estates
- Rights of Beneficiaries re: Intestate Succession iro Approach, Maintenance, Surviving Spouse and Children
- Rights of Beneficiaries re: Testate Succession iro Freedom of Testation, Variation of a Will & Adoption of an Invalid Will
Estate Law re: Insolvency
- Appointment and Removal of Judicial Manager or Liquidator and Vested Powers re: Financial Institutions
- Appointment and Removal of Judicial Manager, Liquidator, Corporate Rescue Practitioner and Vested Powers re: Approach
- Approach re: Fees or Remuneration
- Approach re: Insolvency
- Composition of Estate Assets and Non-Estate Property
- Contracting with a Declared Insolvent Company or Individual and the Voluntary Assumption of Risk
- Distribution Account, Objections, Setting Aside and Reopening Thereof
- Judicial Management re: Approach, Confirmation or Discharge of Provisional Judicial Management Order
- Judicial Management re: Corporate Reconstruction and the Reconstruction Order
- Judicial Management re: Corporate Rescue or Business Rescue
- Liquidation or Winding Up re: Approach, Confirmation or Discharge of Provisional Order & Rescission of a Liquidation Order
- Liquidation or Winding Up re: Distribution, Alienation or Disposal of Assets and the Concept of Concursus Creditorum
- Proceedings Involving Insolvent Entities and the Procedure As To Extant Litigation re: Approach and Leave to Sue
- Proceedings Involving Insolvent Entities and the Procedure As To Extant Litigation re: Foreign Insolvent Companies
- Sequestration
Exhumation Law
Extradition Law and the Principle of Non-Refoulement
Family Law
- Approach re: Interim or De Facto Control of Assets of the Spouses, Custody and Maintenance
- Approach re: Marriage Categories and the Effect of Classification of Marriages
- Custody, Guardianship and Access re: Incapacitated Adults and Perpetual Minors
- Custody, Guardianship and Access re: Majority Status Children
- Custody, Guardianship and Access re: Minors iro Approach, the Upper Guardian of Minors and Best Interests of Children
- Custody, Guardianship and Access re: Minors iro Children Born out of Wedlock, Parents on Separation & Customary Law Unions
- Custody, Guardianship and Access re: Minors iro Retention or Removal From a Domestic or International Jurisdiction
- Custody, Guardianship and Access re: Minors iro Surrogacy Agreements
- Custody, Guardianship and Access re: Minors iro Variation of Custody Order
- Decree of Divorce re: Civil Rites Marriage iro Validity of a Subsequent Civil Marriage consummated by Divorced Parties
- Decree of Divorce re: Civil Rites or Solemnized Marriage iro Approach, the Fault Principle and Triable Issues
- Decree of Divorce re: Contribution Towards a Spouse's Costs of Suit in Divorce Proceedings
- Decree of Divorce re: Customary Law Union
- Decree of Divorce re: Customary Law Union iro Arrear Lobola and the Customary Law Approach to Infidelity
- Division of Assets of the Spouses re: Antenuptial Contracts
- Division of Assets of the Spouses re: Approach, Clean Break Principle & Maintenance of the Status Quo Stante Matrimonii
- Division of Assets of the Spouses re: Claim of Custodian Parent to Reside in the Marital Home and Usufruct Rights
- Division of Assets of the Spouses re: Cohabitation and Customary Law Union
- Division of Assets of the Spouses re: Cohabitation and Customary Law Union iro Putative Marriage
- Division of Assets of the Spouses re: Direct and Indirect Contributions iro Approach and Principle of Jus in re Propria
- Division of Assets of the Spouses re: Direct and Indirect Contributions iro Commercial Enterprises & Alter Ego Principle
- Division of Assets of the Spouses re: Direct and Indirect Contributions iro Marital Misconduct and the Fault Principle
- Division of Assets of the Spouses re: Encumbered Property and Rights in Contracts
- Division of Assets of the Spouses re: Monetary Debts, Doctrine of Providing Neccessaries to Spouse & the Duty of Support
- Division of Assets of the Spouses re: Non-Matrimonial Property and the Composition of the Matrimonial Estate
- Division of Assets of the Spouses re: Prejudicial Disposal or Alienation of Marital Assets iro Antenuptial Contracts
- Division of Assets of the Spouses re: Prejudicial Disposal, Alienation or Concealment of Assets & Marital Property Regime
- Domestic Violence re: Approach and the Peace Order
- Domestic Violence re: Juvenile Corporal Punishment, Enforcement of Discipline or Chastisement
- Maintenance re: Approach, Disclosure of Income and Expenditure and the Judicial Inquiry into Ability to Pay
- Maintenance re: Majority Status Children, Perpetual Minors and the Perpetual Dependence Syndrome
- Maintenance re: Minors
- Maintenance re: Spousal or Post Divorce Maintenance, the Perpetual Dependence Syndrome and Maintenance Pendente Lite
- Maintenance re: Spousal or Post-Divorce Maintenance iro Gross Marital Misconduct and the Fault Principle
- Maintenance re: Variation, Suspension, Extension, Discharge or Rescission of a Maintenance Order and Arrear Maintenance
- Paternity, Maternity, Adoption of Children and the Passing Off of Children re: Approach
- Paternity, Maternity, Adoption of Children and the Passing Off of Children re: Change of Name
Immigration Law
- Domicile re: Habitual Residence
- Dual Citizenship and Citizenship by Birth, Descent or Registration
- Permanent Residence
- Prohibited Persons and Immigration Detention
Insurance Law
- Insurance Broking, Insurance Cover, Statutory Policies, Liability for Premiums, Claims and the Lapsing of Policies
International Law
- International Law re: Access to Courts
- International Law re: Approach, Incorporating or Domesticating International Instruments and Pacta Sunt Servanda
- International Law re: Arbitration Proceedings
- International Law re: Association and Assembly
- International Law re: Children's Rights
- International Law re: Commercial Carriage
- International Law re: Currency Nominalism
- International Law re: Equal Protection of the Law, Non-Discrimination, Positive Discrimination and Classification
- International Law re: Expression, Conscience and Religious Rights
- International Law re: Fair Trial Rights
- International Law re: Labour Relations and Socio-Economic Rights
- International Law re: Marriage Rights, Gender Equality and Parental or Guardianship Rights
- International Law re: Mergers, Aquisitions and Takeovers
- International Law re: Political Rights
- International Law re: Property Rights and the Rights to Shelter
- International Law re: Sovereign Immunity and the Doctrines of Absolute, Restrictive and Functional Immunity
- International Law re: Statute of Limitation Statutes
- International Law re: Torture, Inhuman or Degrading Treatment, Human Rights, Extradition & the Principle of Non-Refoulement
- International Law re: Women's Rights
Labour, Retirement and Pensions Law
- Arbitration re: Approach, Proceedings Before an Arbitrator and Registration and Execution of Arbitral Awards
- Arbitration re: Conciliation, Disputes of Interest and Right & Confirmation and Registration of Labour Officer Rulings
- Arbitration re: Direct Access to the Labour Court
- Collective Bargaining Agreements and the Enforcement of Contractual Rights and Obligations Flowing Therefrom
- Collective Job Action or Labour Strike, Disputes of Interest and Right or Negotiable and Non-Negotiable Disputes
- Discipline re: Damages in Lieu of Reinstatement and Reinstatement Orders iro Approach
- Discipline re: Damages in Lieu of Reinstatement and Reinstatement Orders iro Contractual Status of Employee
- Discipline re: Disciplinary Hearings iro Approach ito Procedural Irregularities & Resolving Matters on Technicalities
- Discipline re: Disciplinary Hearings iro Approach, Appeal and Review of Misconduct Proceedings and Suspension from Duty
- Discipline re: Disciplinary Hearings iro Concurrent Criminal and Civil Proceedings and the Concept of Double Jeopardy
- Discipline re: Disciplinary Hearings iro Conduct Inconsistent With Express & Implied Conditions of Employment Contract
- Discipline re: Disciplinary Hearings iro Constitutional Appointees and Conduct Inconsistent With Public Office
- Discipline re: Disciplinary Hearings iro Employees of Public or State Controlled Entities and the Public Service
- Discipline re: Disciplinary Hearings iro Employers and Employees Not Subject to the Labour Act
- Discipline re: Disciplinary Hearings iro Guilt By Association
- Discipline re: Disciplinary Hearings iro Hearing Panel, Verdict, Incapacitation and Disagreements of Presiding Officers
- Discipline re: Disciplinary Hearings iro Misconduct Outside the Workplace
- Discipline re: Disciplinary Hearings iro Misconduct Proceedings Held in Absentia or Default of Appearance
- Employment Contract re: Approach, Employment Interview, Probation, Implied and Statutory Conditions of Contract
- Employment Contract re: Contractual and Terminal Benefits, Vested Rights of Ex-Employees & Retention of Company Property
- Employment Contract re: Engagement of Serving Members of the Security Services in Civilian Institutions
- Employment Contract re: Fixed Term Contracts, Casualisation of Labour and Tacit Relocation or Tacit Renewal
- Employment Contract re: Forced Labour
- Employment Contract re: International Organisations
- Employment Contract re: Oath of Secrecy, Access and Disclosure of Confidential Information and the Breach of Trust
- Employment Contract re: Religious Community Entities
- Employment Contract re: Termination iro Constructive Dismissal
- Employment Contract re: Termination iro Retirement
- Employment Contract re: Termination iro Retrenchment and Severance Agreements
- Employment Contract re: Termination iro Termination on Notice, Summary and Mutual Termination, Resignation & Repudiation
- Employment Contract re: Transfer or Secondment of Employees iro Acting Role, Interim Contractual Lacuna & Quantum Meruit
- Employment Contract re: Transfer or Secondment of Employees iro Employee Conveyance Agreements Between Companies
- Employment Contract re: Transfer or Secondment of Employees iro Public Service
- Employment Contract re: Transfer or Secondment of Employees, Variation of Conditions of Service & Disguised Retrenchments
- Legitimate Expectation
- Sick Leave, Retirement on Medical Grounds and Termination of Employment Contract on Grounds of Incapacity
- Unfair Labour Practices and the Constitutional Right to Fair Labour Practices re: Approach
- Unfair Labour Practices and the Constitutional Right to Fair Labour Practices re: Sexual Harassment
- Workers Committee, Trade Unions, Union Membership, Legal Representation and Obligations of Workers Representatives
Legal Practitioners, Officers of the Court, Self Actors and Litigants
- Advocates Chambers and Operations of the De Facto Bar
- Practicing Certificates & Right of Audience before Courts re: Discipline, Registration, De-registration and Curatorship
- Practicing Certificates & Right of Audience before Courts re: Self Actors and the Presumption of Knowledge of the Law
- Practicing Certificates and the Right of Audience before the Courts re: Watching Brief and Foreign Representatives
- Practicing Certificates and Right of Audience re: Assumption, Renunciation of Agency & Correspondent Legal Practitioners
- Practicing Certificates and Right of Audience re: Switching of Legal Representation in the Course of Proceedings
- Practicing Certificates and the Right of Audience before the Courts re: Approach and Conflict of Interest
- Practicing Certificates and the Right of Audience before the Courts re: Non-Legal Practitioner Representative Capacity
- Practicing Certificates and the Right of Audience before the Courts re: Pro Deo Representation
- Professional Ethics, Legal Duty to the Court and Clients, Dominus Litis and Correspondence with the Court
Local Authorities Law
- Appointment and Discipline of Senior Local Authority Officials
- Appointment and Removal of Mayor, Deputy Mayor and the Suspension and Dismissal of Councillors
- Autonomy and Delegated Authority
- Council Meetings and Powers and Extent of Council Resolutions
- Land Development, Change of Use of Land, Housing Co-operatives, Informal Settlements and Illegal Structures
- Licencing re: Approach, Seizure and Forfeiture
- Special Interest Councillors
- Title to Land, Rights to Minerals, Powers of Repossession, Imposition of Taxes and Impounding
- Tollgates re: Location of Tolling Points
Medical and Dental Practitioners Law
- Medical Aid Societies
- Medicines Control
- Practicing Certificates
Mining Law
Property Law
- Double Sales or Competing Claims and the Assessment of Bona Fides and Dominant Rights
- Lease Agreements re: Agreement of Lease with a Local Authority and the Registration, Sale and Cession of Rights
- Lease Agreements re: Approach and Essential Elements
- Lease Agreements re: Damages to and Maintenance of Leased Premises, Negotiorum Gestio and the Abatement of Rentals
- Lease Agreements re: Improvements to Leased Premises, Negotiorum Gestio and the Ownership of Fixtures and Fittings
- Lease Agreements re: Landlord's Tacit Hypothec or Landlords Lien
- Lease Agreements re: Lease to Buy Agreement and Lease With an Option to Purchase
- Lease Agreements re: Long Lease or Lease in Longum Tempus
- Lease Agreements re: Provision for Security Services on Leased Premises
- Lease Agreements re: Termination iro Huur Gaat Voor Koop Concept or Hire Takes Precedence Over Sale
- Lease Agreements re: Termination, Notice of Termination & the Exceptio Doli Mali iro Lessee Eviction & Incidental Possessors
- Lease Agreements re: Termination, Notice of Termination and the Exceptio Doli Mali iro Sub-Lessee Eviction
- Lease re: Rent Regulations iro Approach, Exempt Entities, Exempt Locations and Matters of Procedure
- Lease re: Rent Regulations iro Commitment, Goodwill and Lease Preference Fees
- Lease re: Rent Regulations iro Statutory Tenant, Sitting Tenant, Tacit Relocation and Express and Tacit Renewal
- Passing of Ownership and Proof of Title re: Donation Transfer & the Revocation of Donatio Inter Vivos & Stante Matrimonio
- Passing of Ownership, Proof of Title and Jus in re Propria re: Approach, Registration of Title and Deeds or Title Search
- Passing of Ownership, Proof of Title and Jus in re Propria re: Implied Lawful Right of Ownership
- Passing of Ownership, Proof of Title and Jus in re Propria re: Instalment Sale of Land
- Passing of Ownership, Proof of Title and Jus in re Propria re: Lease to Buy Agreement & Lease With an Option to Purchase
- Passing of Ownership, Proof of Title and Jus in re Propria re: Replacement Title Deed
- Passing of Ownership, Proof of Title and Jus in re Propria re: Rural Land
- Passing of Ownership, Proof of Title and Jus in re Propria re: Sale of Mortgaged Property
- Passing of Ownership, Proof of Title and Jus in re Propria re: Stipulatio Alteri
- Passing of Ownership, Proof of Title and Jus in re Propria re: Subdivisions, Land Developments and Servicing of Stands
- Passing of Ownership, Proof of Title re: Movable Property & Principle that Possession Raises a Presumption of Ownership
- Passing of Ownership, Proof of Title, Personal Rights and Cancellation or Diminution of Real Rights re: Immovable Property
- Res Litigiosa, Caveats, the Anti-Dissipation Interdict and Disposal of Encumbered Property re: Arbitration Proceedings
- Res Litigiosa, Caveats, the Anti-Dissipation Interdict and Liability for Disposal of Encumbered Property
- Spoliation or Mandament van Spolie and the Claim of Abandonment re: Human Beings or Living Persons
- Spoliation or Mandament van Spolie and the Claim of Abandonment re: Matrimonial Dispute
- Spoliation or Mandament van Spolie re: Agreement of Lease, Right of Access Contracts and the Claim of Ius Possidendi
- Spoliation or Mandament van Spolie re: Approach, Claim of Abandonment and Freedom from Arbitrary Eviction
- Spoliation or Mandament van Spolie re: Incorporeal Rights
- Vindicatory Action or Rei Vindicatio re: Agreement of Lease, Lease to Buy Agreement & Lease With an Option to Purchase
- Vindicatory Action or Rei Vindicatio re: Approach iro Equity Relief
- Vindicatory Action or Rei Vindicatio re: Approach, Claim of Right, Estoppel and Lien
- Vindicatory Action or Rei Vindicatio re: Claim of Retention, Lien Pending Compensation and Negotiorum Gestio
- Vindicatory Action or Rei Vindicatio re: Pecuniary or Monetary Assets
- Vindicatory Action or Rei Vindicatio re: Res Litigiosa or Alienated Disputed Assets
Property Law re: Land Acquisition or Expropriation
- Land Acquisition re: Compulsory Acquisition iro Farm Employees Affected by Compulsory Acquisition
- Land Acquisition re: Compulsory Acquisition iro Farm Equipment, Farm Material & Right to Compensation for Improvements
- Land Acquisition re: Compulsory Acquisition iro Farmland and the Certificate of No Present Interest
- Land Acquisition re: Compulsory Acquisition iro Investment Protection Treaties
- Land Acquisition re: Compulsory Acquisition iro Plantation Crops
- Land Acquisition re: Eviction, Offer Letters and the Lawful Authority to Occupy Gazetted Land
- Land Acquisition re: Legality of the Land Reform Programme
- Land Acquisition re: Rationale or Policy Behind the Land Reform Programme
- Land Acquisition re: Resettlement and Operational Challenges of the Land Reform Programme
- Land Acquisition re: Urban Development and Settlement
Socio-Economic Law
Tax Law
- Approach re: Advance Tax Rulings, Tax Directives, Rectification of Mistakes of Law and the Doctrine of Estoppel
- Approach re: Functions & Powers of Revenue Authority, Fiscal Appeals or Objections & the Pay Now Argue Later Principle
- Capital Gains Tax, Stamp Duty and Transfer Costs
- Contingent Liabilities
- Customs and Excise Duty re: Identity of Importer, Ownership, Classification, Valuation of Goods & Calculation and Payment
- Customs and Excise Duty re: Losses Incurred in the Manufacturing Process on Licenced Premises
- Customs and Excise Duty re: Post Importation Clearance Audit and the Doctrine of Pactum de non Petendo
- Customs and Excise Duty, Smuggling and Unlawful Import and Export of Goods re: Impound, Embargo, Seizure and Forfeiture
- Debt Interest re: In Duplum Rule iro Tax Obligation
- Garnishee Order and Representative Taxpayers
- Immigrants or Returning Residents Rebate
- Penalties and Interest
- Tax Avoidance
- Taxable Income and Tax Deductions
- Temporary Exports
- Value Added Tax
- Withholding Tax
Tourism, Parks and Wildlife Management Law
Traditional Leadership Law
- Functions, Status, Role and Political Activities of Traditional Leaders
- Nomination, Appointment, Suspension and the Removal of Traditional Leaders
Transport and Commercial Storage Law
- Air, Land, Sea Carriage and Commercial Storage
- Tollgates

Law Portal Zimbabwe

Passing of Ownership, Proof of Title and Jus in re Propria re: Sale of Mortgaged Property

HH23-09 : TUVIGARI INVESTMENTS (PRIVATE) LIMITED vs LUCY CHIREMBA (nee Gotora) AND TWO OTHERS Ruled By: BERE J

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Zimbabwe

HH23-09 : TUVIGARI INVESTMENTS (PRIVATE) LIMITED vs LUCY CHIREMBA (nee Gotora) AND TWO OTHERS
Ruled By: BERE J