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Double Sales or Competing Claims and the Assessment of Bona Fides and Dominant Rights

HB15-09 : STANLEY SIBANDA vs MAXWELL SININI SIBANDA AND THREE OTHERS
Ruled By: NDOU J

The policy of the law will best be served in the ordinary run of cases by giving effect to the first contract and leaving the second purchaser to pursue his claim for damages for breach of contract. I do not suggest that this should be an invaluable rule, but I agree with the view ...
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HH176-12 : HENRY MUSHAMBI vs EXECUTOR, ESTATE MIRIAM MUNEMO (nee MADENGA) and EXECUTOR, ESTATE FAINA MUNEMO (nee MARUMURE) and ELIZABETH NZIRAMASANGA and DIRECTOR OF HOUSING, CITY OF HARARE
Ruled By: HUNGWE J

The plaintiff issued summons against the first, second, third and fourth defendants claiming the following relief: 1. An order that the fourth defendant takes all the necessary steps to pass possession of Stand Number 9314, Budiriro Township, Harare, within 48 hours of the order of court. 2. An order that if the fourth defendant fails, within 48 hours ...
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HH14-09 : TENDAI MUZA vs CHRISTINA MUWIRIMI and FATIMA MURWISI and MUNICIPALITY OF CHITUNGWIZA
Ruled By: MTSHIYA J

On 17 April 2007 the plaintiff issued summons against the defendants claiming the following: “(a) An order that the plaintiff be declared the owner of Stand Number 14826 Unit 'O', Seke, Chitungwiza; (b) An order that the third defendant be ordered to cede rights, title and interests in House Number 14826 Unit 'O', Seke, Chitungwiza to the plaintiff; and (c) Costs ...
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HH71-09 : AGRO CHEM DEALERS (PVT) LTD vs STANLEY GOMO and CITY OF HARARE and RONALD AJARA and THE REGISTRAR OF DEEDS
Ruled By: GOWORA J

It was further contended, on behalf of Gomo, that what was before the court was a situation which was akin to a double sale and that therefore the principles applicable to a double sale should be applied in determining this dispute. I do not see how the situation I am dealing with can be akin to ...
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HH123-09 : JOHN MANATSA vs ZONDAI CHIMBWANDA and GIVEMORE KARIMAZONDO and WILLARD DZOMBA and CITY OF HARARE
Ruled By: CHITAKUNYE J

The plaintiff's claim was for specific performance of an agreement of sale for the cession of personal rights and interests held jointly by the first defendant and second defendant in a property known as 5706 Muroro Crescent, Glen Norah B, Harare.The plaintiff asserted that he entered into the agreement with ...
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HB43-09 : THULANI NDLOVU vs SHEPERD MUKURUVA and GRACE MUGWAGWA and REGISTRAR OF DEEDS
Ruled By: NDOU J

This is a classic case of multiple sale of immovable property, being Stand Number 2689, Cowdray Park, Bulawayo. The second respondent sold this property to the first respondent on 11 April 2002 in terms of a written Agreement of Sale. When the second respondent exhibited some reluctance to honour the said Agreement, the first respondent approached this ...
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HB67-08 : PROMISE NCUBE vs SHENZIRA NCUBE and JEREMIAH TENHESE N.O.
Ruled By: KAMOCHA J

This is a double sale of House Number 2105 Nkulumane Township, Bulawayo. The applicant claims to have bought the house from one Jotham Magudu, who later passed away, and the second respondent was appointed executor dative of the estate of Jotham Magudu. The house was bought through an estate agent known as Likwa Ndlovu. He bought the property for ...
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HH11-10 : NABANE ROY TSHUMA vs TONGAI MUSEMBURI and TENDAI MUSEMBURI and MACKSON TOTSHANE NCUBE and THE REGISTRAR OF DEEDS
Ruled By: KARWI J

The plaintiff denied suggestions made in cross-examination that he bought the property in the full knowledge that it had been bought by the first and second defendants. He stressed that he was only told that the people occupying the property were tenants. Tendai Musemburi told the court that he knew, for the first time, that the plaintiff had ...
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HH45-10 : CHRISTMAS MUSONI vs NABOTH JOKONOKO and SHURUGWI TOWN COUNCIL
Ruled By: CHITAKUNYE J

The plaintiff sued the two defendants claiming basically for his restoration as the registered buyer of House Number 360 Makusha Township, Shurugwi.In his summons and declaration, the plaintiff alleged, that, on 20 August 1981 he entered into a written agreement of sale with Dickson Katerere (“D. Katerere”) in respect of ...