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Agency Law re: Possession with Indicia of Dominium or Jus Disponendi

HB34-09 : NOKUKHANYA MOYO vs ROBERT MOYO
Ruled By: BERE J

Through her declaration, the plaintiff expressed the desire to be awarded a..., 25% share of the value of the Flat, namely, Stand number 585 Bulawayo Township (Share 102 thereof)....,.It is clear to the court that the defendant barricaded himself behind the corporate veil to register the Flat in the name ...
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HH115-10 : NASSAH MUKOMBERANWA vs VIVIAN MOKOMBERANWA
Ruled By: MUSAKWA J

Although the defendant claimed that the Norton stand belongs to her brother, the probabilities that she used her brother as a front are very high. In the first place, the brother unaccountably failed to attend court to testify as the defendant's witness on the issue. There was also evidence to ...
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SC07-13 : CLADIUS CHENGA vs VIRGINIA CHIKADAYA and ZAKEYO CHIKADAYA and BEAUTY MPOFU and REGISTRAR OF DEEDS
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

This appeal concerns a protracted legal dispute involving the rights, title and interest in an immovable property, namely, Stand No.6058 Glen View 3 Township, Harare. In 1980, the first respondent's husband purchased the rights, title and interest in the property from Kufa Oswin Danda. At the time of purchase, the first respondent's husband had acquired another property ...
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HB25-11 : RANOTH MATSHAZI vs JOEL MLOTSHWA and THE REGISTRAR OF DEEDS
Ruled By: NDOU J

The first respondent, aged 88 years, (hereinafter referred to as “Mlotshwa”) is maternal uncle of the plaintiff (hereinafter referred to as “Matshazi”). After the death of Matshazi's parents, Mlotshwa became his custodian. Mlotshwa was neither married nor blessed with children of his own. When Matshazi attained age of majority, he weaned himself off of his ...
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Appealed
HH211-10 : VIRGINIA CHIKADAYA [in her capacity as The Executrix Dative of Cyril Chikadaya] vs CLADIOS CHENGA and ZAKEYO CHIKADAYA and BEAUTY MPOFU and REGISTRAR OF DEEDS
Ruled By: KUDYA J

The judgment of SMITH J, on the merits of the dispute between the two Chikadaya brothers, awarded the rights, title and interest in the property in dispute to the plaintiff. It determined, as between them, that the plaintiff was the holder of the rights, title and interest in the property, which rights he had warehoused ...
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HB72-10 : ETTAH NCUBE and CAIN MOYO vs JOEL NCUBE and JULIUS SIBANDA and DEPUTY SHERIFF
Ruled By: NDOU J

There is a chequered history to this matter. The plaintiff's son, one Reggy Mkandla sold the disputed property to the second defendant in 1984 for the sum of $2,500=. Reggy Mkandla represented to the second defendant that the property was in fact his but registered in the name of the plaintiff to avoid Bulawayo City Council's ...
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HB80-10 : NAISON CHAGARA GONOUYA vs SHADRECK HUKUIMWE and JUSTICE MUNYAMANA and BULAWAYO CITY COUNCIL
Ruled By: KAMOCHA J

The plaintiff's claim in this matter was for:- “(a) An order compelling 2nd defendant to sign all necessary cession documents kept at 3rd defendant's offices and transfer the rights, title and interest on Stand Number 30583 Entumbane, Bulawayo from his name to the names of plaintiff or his nominees for the reason that the property was actually ...
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HH48-15 : SITHOKOZILE MUNYIKA (as Executrix Dative in Estate Late Jeffrey Dhliwayo) vs MARSHALL DHLIWAYO and MASTER OF THE HIGH COURT and DIRECTOR OF HOUSING CHITUNGWIZA CITY COUNCIL
Ruled By: TSANGA J

Legal effects of property being registered in someone else's name when they are not entitled to it are often not appreciated.
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HH93-11 : ELIZABETH KAMANGA vs ESTATE LATE BUTE CHIKONDO (represented by Oswald Bute Chikondo as executor) and MERCY CHIKONDO and CITY OF HARARE and MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

It was the plaintiff's claim, as filed in her declaration, that on 5 September 1985 she bought Stand 6203 Mabvuku from Ali Chikoko for the sum of $3,700=. It was her belief, at the time, that her minor children could not own property. She then entered into an oral agreement with her young sister's husband, ...
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HH123-15 : MARGARET MARANGE vs TAFIRENYIKA KAPENDE and PAUL MWONZORA
Ruled By: MATHONSI J

This is one matter in which a litigant simply cannot accept an outcome preferring to blindly fight all the way even when it is apparent that she is headed nowhere as she is treading on moving sand and can only suffer grief for all her efforts in trying to reverse the outcome of the process ...
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HH135-15 : D BANK LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

In the context of the present matter, the ZAR45 million did not become the appellant's money. It was deposited with specific instructions to transmit it in functional currency to the transfer secretaries for payment of dividends to shareholders in the Zimbabwe register. In my view, whoever the owner of the funds was between the company that transmitted ...
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HB04-12 : TREZIAH NDLOVU vs SARAH MLANGENI
Ruled By: KAMOCHA J

On 14 May 2008 Sarah Mlangeni applied for and was granted an order in the following terms: “It is ordered that:- 1. The defendant's plea be and is hereby struck off. 2. Plaintiff be and is hereby granted leave to set this matter down on the unopposed roll. 3. Defendant be and is hereby ordered to pay today's costs.” The order was granted ...
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HB82-15 : THULISANI NYAMAMBI vs BONGANI NCUBE
Ruled By: MAKONESE J

In this matter the plaintiff's claim is for a declaratory order in the following terms: “(a) An order that the defendant be declared the true and lawful owner of the Mercedes Benz Sprinter, registration number ACQ 0587. (b) An order that the defendant surrender the Mercedes Benz Sprinter, registration number ACQ 0587 together with its registration documents to plaintiff ...
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HH31-08 : G vs G
Ruled By: MAKARAU JP

The plaintiff and the defendant were married at Harare on 5 September 1998. Two daughters were born of the marriage. These were born in 2001 and 2004 respectively.On 31 January 2007, the plaintiff issued summons praying for a decree of divorce to issue on the grounds that his relationship with ...
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HHH231-14 : ROBERT GUMBURA vs THE STATE
Ruled By: MUSAKWA J

Possession of a thing entails physical control of that thing and an intention to exercise control for oneself or another. In this respect see S v Masson 1982 (1) ZLR 216 (SC) and S v Ndiweni 1983 (2) ZLR 49 (H).
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HB18-15 : JULIET NHLIZIYO (N.O.) and ESTATE LATE HAROLD NHLIZIYO vs NOKUTHULA MOYO and ESTER KELLI (N.O.) and ESTATE LATE PREECE NHLIZIYO and ASSISTANT MASTER (N.O.) and CITY OF BULAWAYO
Ruled By: MAKONESE J

This is an application for absolution from the instance.The first defendant contends that at the close of the plaintiff's case the court should find that the first plaintiff has hopelessly failed to place any evidence before the court upon which a reasonable court may find for the first plaintiff.A joint ...
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HB27-15 : MONICA DHLIWAYO vs BONGANI NDLOVU (as Executor Dative estate Late Jubane James Jack) and ESTATE LATE JUBANE JAMES JACK and CLEMENTINE JACK and DEPUTY MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

The plaintiff initiated proceedings by way of an Urgent Chamber Application under case number HC1580/10 seeking an order interdicting the first and second defendants, or any beneficiaries of the second defendant's estate, from disposing of the property known as Lot 1 A of Gumtree held under Deed of Transfer number ...
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HH35-15 : TENDAI PANGETI vs CHRISTINA NYAGUMBO
Ruled By: CHITAKUNYE J

Where a property is registered in the names of two parties, the presumption is that such property is jointly-owned with each party owning a 50% share in the property.It is for the party alleging that the property is not so owned to rebut that presumption.In Lafontant v Kennedy 2000 (2) ...
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HMA55-19 : GREAT ZIMBABWE UNIVERSITY vs NESBERT MAREVERWA
Ruled By: WAMAMBO J

The applicant seeks a rei vindicatio order. It seeks to recover its property retained by the respondent.The applicant is a body corporate duly constituted in terms of the Great Zimbabwe University Act [Chapter 25:24].The respondent was an employee of the applicant holding the position of Chief Security Officer.The respondent holds ...
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