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Passing of Ownership, Proof of Title and Jus in re Propria re: Approach, Registration of Title and Deeds or Title Search

HH79-12 : MARIANE SABETA vs COMMISSIONER GENERAL ZIMBABWE REVENUE AUTHORITY
Ruled By: MATHONSI J

Regarding proof of title to immovable property, section 14(a) of the Deeds Registries Act [Chapter 20:05] provides;“Subject to this act, or any other law, the ownership of land may be conveyed from one person to another only by means of a deed of transfer executed or attested by the registrar.”Section ...
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HH01-10 : RIVER RANCH LIMITED vs DELTA CORPORATION LIMITED
Ruled By: PATEL J

In terms of common clause 2 of both agreements of sale “transfer of the property into the name of the Purchaser shall be effected…, as soon as possible after the purchase price has been paid, and within fourteen (14) days of the Seller's legal practitioners requiring the Purchaser to do so.” While this clause is somewhat vague ...
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HB48-09 : KUNDAYI KWARAMBA vs TITUS NDLOVU and NTANDOYENKOSI NDLOVU (NEE SIBANDA) and REGISTRAR OF DEEDS, N.O. and DEPUTY SHERIFF, BULAWAYO
Ruled By: CHEDA J

This is a court application for a transfer of property whose relief is couched as follows: “It is ordered that:- The Respondent be and is hereby ordered, directed, authorized and compelled to proceed with the transfer of Stand No.7204, Nketa 9 Township, Bulawayo from 1st Respondent to Applicant's names notwithstanding any pending cases under HC113/03, HC1549/03, HC131/03 and HC176/07 and ...
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HB67-08 : PROMISE NCUBE vs SHENZIRA NCUBE and JEREMIAH TENHESE N.O.
Ruled By: KAMOCHA J

The first respondent said she was an innocent purchaser of the said property. Nothing could be further from the truth. She was quite aware that the property had already been bought by someone. After she had seen an advert in the press she went to the estate agent called Milano Agencies who gave her the address. She ...
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HB90-09 : FIOS NCUBE vs TICHAONA GOMBA and ZIM-AUSTRALIA (PVT) LIMITED and CITY OF BULAWAYO
Ruled By: KAMOCHA J

It was his evidence that he did not even seek to know if, indeed, what was being sold to him belonged to the Seller. He attributed that lack of care to ignorance.
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HH124-11 : DR BOZENA DUDKA and ALLAN RUSSELL and FAIR COAT INVESTMENTS (PVT) LIMITED and JOHN MUKONO vs CHENI INVESTMENTS (PVT) LIMITED and IAN HAWTHORNE and PERVAZ KHAN and OTHERS
Ruled By: MAKONI J

The other point taken by the applicants is that the respondents were aware, or ought to have known, the applicants' interest in the property. The applicants contend that the respondents must have been aware, by diligent enquiry, through their conveyance, of the caveat which was clearly endorsed over the property by the fourth respondent. John ...
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HH672-15 : TRINITY ENGINEERING (PVT) LTD vs RUSSELL KARIMAZONDO and MAXIFIX (PVT) LTD and TELECEL ZIMBABWE (PVT) LTD and PEOPLE'S OWN SAVINGS BANK and THE REGISTRAR OF DEEDS
Ruled By: MATHONSI J

Section 78(a) of the Deeds Registries Act [Chapter 20:05] provides: “Powers of attorney to pass deeds or to do any act in connection with a deeds registry shall, if executed within Zimbabwe, be accepted if witnessed by two competent witnesses or by a justice of the peace or commissioner of oaths and the signature of ...
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HH740-15 : COSMAS ZAVAZAVA and VONGAI ZAVAZAVA vs JONAH TENDERE and TENDAI TENDERE and THERMO-DYNAMICS REAL ESTATE and REGISTRAR OF DEEDS N.O.
Ruled By: MATHONSI J

It would appear that conveyancing laws of this country are not foolproof because fraudsters continue to exploit the weaknesses in the procedure for registration of transfers to defraud innocent property seekers.The leakages in the system have meant that cases of unlawful transfers of immovable property continue to reach the courts ...
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Appealed
HH151-16 : SHORAI NZARA and ARROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN and vs CECILIAH KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: MAFUSIRE J

The fourth respondent said he was an innocent purchaser….,.The fourth respondent also said that he had checked the Deeds registry. The property had been free from any encumbrances….,. The applicants argued that the fourth respondent was far from being an innocent buyer. They said he must have been aware of the raging battles. Among other things, ...
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HH214-15 : NETONE CELLULAR (PVT) LTD vs BACNET TRADING (PVT) LTD and MINISTER OF LOCAL GOVERNMEMT, PUBLIC WORKS & NATIONAL HOUSING and REGISTRAR OF DEEDS
Ruled By: MAFUSIRE J

Counsel for the second respondent argued that the applicant had not produced the directive by the Minister to the Registrar of Deeds authorising the endorsement and that therefore the endorsements on the title deeds remained just endorsements and not proof of ownership!…,. The Deeds Office is a public office. There was nothing stopping the second respondent from ...
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HH842-19 : BARIADIE INVESTMENTS (PVT) LTD vs PUWAYI CHIUTSI and TENDAI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O. and ELLIOT ROGERS
Ruled By: CHITAPI J

The applicant prays for an order that Deed of Transfer No.708/19 made in favour of the second respondent should be cancelled and that the prior Deed of Transfer No.8421/2000 in the name of the first respondent, and from which transfer in favour of the second respondent was made should be ...
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SC61-21 : COSMA CHIANGWA vs DAVID KATERERE and ROBERT CAMPBELL LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE AJA

This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 15 June 2011 wherein the court a quo granted an application for a declaratur that the sale and transfer of Stand 382 Good Hope Township to the appellant was null and ...
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Appealed
HH122-11 : DAVID KATERERE vs COSMA CHIANGWA and ROBERT CAMPBELL-LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: MAVANGIRA J

In 1999, the applicant herein entered into an agreement of sale in terms of which he purchased an immovable property from the estate of the late Johanna Maria Fransisca Logan as represented by the executrix testamentary of the estate.The immovable property, described as Stand 382 Good Hope Township of Subdivision ...
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SC81-21 : FRANK HUMBE vs DESMOND MUCHINA and SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA and SHERIFF OF ZIMBABWE and FADZAYI MUNYAMANA
Ruled By: BHUNU JA, MATHONSI JA and KUDYA AJA

The conveyance of ownership in immovable property from person to person is achieved through the registration of transfer at the deeds registry. Real rights in an immovable property are held only by registration at the Deeds Registry.This was underscored by this Court in the seminal remarks made in Takafuma v ...
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HH485-20 : MIKE MHLANGA vs IRENE MHLANGA
Ruled By: CHIRAWU-MUGOMBA J

Registration of property bestows real rights that are enforceable against the whole world. In Takafuma v Takafuma 1994 (2) ZLR 103 (S)…, McNALLY JA had this to say:“The registration of rights in immovable property in terms of the Deeds and Registries Act [Chapter 139] (now [Chapter 20:05]) is not a ...
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HH94-16 : THE MILTON GARDENS ASSOCIATION and SYRIL MUPANGURI vs TECLA MVEMBE and CHAMPION CONSTRUCTORS (PVT) LTD and REGISTRAR OF DEEDS, HARARE and THE SURVEYOR GENERAL
Ruled By: DUBE J

Ownership of property can only be transferred where the transferor has title...,.
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HH378-20 : THE SHERIFF FOR ZIMBABWE vs FRANK HUMBE and DESMOND MUCHINA
Ruled By: CHINAMORA J

The starting point is to examine the legal implication of title.Title confers real rights in immovable property. It cannot be gainsaid that a title deed is prima facie proof that a person enjoys real rights over the immovable property defined in the deed.In Fryes (Pvt) Ltd v Ries 1957 (3) ...
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SC17-18 : CBZ BANK LIMITED vs DAVID MOYO and DEPUTY SHERIFF HARARE
Ruled By: PATEL JA, MAVANGIRA JA and UCHENA JA

Ownership of immovable property is proved by producing a Deed of Transfer....,.I must state, that, a deed of transfer or registration of cession is not conclusive proof of ownership or the rights of a cessionary: see the cases of Young v Van Rensburg 1991 (2) ZLR 149 (S)..., and Kassim ...
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HH670-15 : THE SHERIFF OF THE HIGH COURT vs NOMVUYO MADZIRO and ANESUISHE MADZIRO and RUVARASHE MADZIRO and CBZ BANK LIMITED
Ruled By: MATANDA-MOYO J

It is trite, that, in terms of the Deeds Registries Act, the owner of an immovable property is the registered owner.In Takafuma v Takafuma 1994 (2) ZLR 103 (S)…, the court said:“The registration of rights in immovable property, in terms of the Deeds Registries Act [Chapter 139], is not a ...
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HB134-15 : STANLEY NANZOMBE vs SICINGILE MASUKU (NEE MOYO) and THE SHERIFF OF ZIMBABWE and THE REGISTRAR OF DEEDS
Ruled By: MAKONESE J

In the case of Bulle v Merchant Bank of Central African and Others HH02-96, it was held, that, a caveat recorded against a title deed does not confer on the judgment creditor real rights.
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