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Contract of Sale re: Types of Sales, Third Party Eviction, Possession, Ownership and the Passing of Risk and Title

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

C.I. BELCHER, in his book Norman's Purchase and Sale in South Africa, 4ed quoting from Pothier, Vente, 319 et seq had this to say: “When the vendor is the owner of the thing sold and has a capacity of alienation, or, if he is not, when he has the consent of the owner, the effect is to transfer ...
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HH47-10 : MUNYARADZI CHIKUMBU vs VIOLET NHAMO
Ruled By: BERE J

Finally, it was contended, in the further alternative, by the plaintiff that the defendant had failed, neglected, or refused to assist the plaintiff when he was evicted by the police of his ownership of the motor vehicle. It was the defendant's unchallenged evidence that she only got to know that there was a problem with ...
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HH117-12 : EDSON MAKINA vs TIM JACKSON
Ruled By: BERE J

If the purchaser is threatened with eviction by a third party, he should not voluntarily hand over the thing sold to this third party unless the latter's title is clear, not only as against the purchaser but also against the seller.
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HH26-10 : MEDICAL INVESMENTS LIMITED vs RUMBIDZAYI PEDZISAYI
Ruled By: MAKARAU JP

The applicant and the respondent were employer and employee respectively. The respondent was employed by the applicant as its Chief Pharmacist with effect from 1 December 2002 up to November 2008. It was a specific term of her employment that the respondent would be entitled to the use of a motor vehicle during the course ...
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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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HH92-09 : SUPA PLANT INVESTMENTS (PVT) LTD vs EDGAR CHIDAVAENZI
Ruled By: MAKARAU JP

The facts giving rise to this application are largely common cause. They are as follows:The applicant is in the farming business, operating a farm in Chakari. In October 2006, it set out to acquire a centre pivot irrigation system for its farm. Its Managing Director, duly authorized to act on ...
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HH333-13 : GIVEMORE SAMBADZI and SALATIEL NHUBU vs REGISTRAR OF DEEDS
Ruled By: BHUNU J

The facts that gave rise to this dispute are as follows:In January 2010, the first applicant, Givemore Sambadzi, purchased certain immovable property known as Stand 2048 Chadcombe Township of Stand 1257 Chadcombe Township from one Charity Nyarai Mupaya and a Deed of Transfer was made in his favour.In November 2010, ...
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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

I turn to deal with the second issue; that is whether the first respondent was entitled to the remedy of rei vindicatio. The rei vindicatio is a common law remedy that is available to the owner of property for its recovery from the possession of any other person. In such an action there are two essential ...
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Appealed
SC05-18 : JENNIFER BROOKER and ADRIENNE PIERCE vs RICHARD MUDHANDA and THE REGISTRAR OF DEEDS
Ruled By: GOWORA JA, HLATSHWAYO JA and BHUNU JA

Generally, the making of a contract of sale does not, per se, pass ownership in the thing sold. The authorities are clear that the signing of an agreement does not automatically translate to the transfer of property but that transfer can be effected at an agreed time or upon demand.
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SC13-18 : TBIC INVESTMENTS PL and PAUL CHIDAWANYIKA vs KENNEDY MANGENJE and MINISTER OF LANDS and RURAL DEVELOPMENT and REGISTRAR OF DEEDS and ATTORNEY GENERAL and COMMISSIONER OF POLICE
Ruled By: GWAUNZA JA, GOWORA JA and BHUNU JA

In Agro Chem Dealers (Pvt) Ltd v Gomo Others 2009 ZLR 255…, GOWORA J…, made it clear that: “…,. No person who is not the owner can transfer ownership in anything whether or not such transferor was acting in good faith or mala fide.” That interpretation and conclusion of the law finds solid support from R H CHRISTIE, Business ...
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HH103-15 : RICHARD MATTHEWS vs THE HONOURABLE MR JUSTICE A. EBRAHIM and UMESHKUMAR DWARKADAS KOTECHA and DHIRUBHAI MAGANLAL DESAI
Ruled By: ZHOU J

This is not a case in which the arbitrator failed to realize that risk in a contract of sale passes once the contract is perfecta.
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SC18-18 : SHORAI NZARA and AAROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN vs CECILIA KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

One of the critical maxims of property law is nemo plus iuris transfer e protest quam ips habet – translated as meaning that an owner cannot, as a general rule, be deprived of his property against his will. Therefore, where an owner's property is sold and delivered without his consent his right to ownership can be ...
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HH41-08 : ZODELLA ENTERPRISES (PVT) LIMITED vs LUXMORE NDENDA
Ruled By: GOWORA J

The plaintiff is a duly registered company trading under the name Borrowdale Motor Sales. As the trade name suggests, it, the plaintiff, trades in motor vehicles. On 6 June 2006, the plaintiff entered into an agreement with the defendant, in terms of which the plaintiff agreed to purchase a vehicle owned by the defendant, to wit, a ...
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HH215-15 : AMIEL MATINDIKE vs DUFFY MITCHELLE PROPERTY INVESTMENTS (PVT) LTD T/A K. M. AUCTIONS and THE SHERIFF OF ZIMBABWE
Ruled By: MUREMBA J

Initially, in the opposing affidavit and in the heads of argument, the first respondent stated that it conducted the auction in its capacity as an estate agent. However, during the hearing, the first respondent's counsel wisely abandoned that argument and admitted that the first respondent conducted the auction as an ...
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HH315-15 : AUCTION CITY (PVT) LTD vs EL ELION INVESTMENTS (PVT) LTD
Ruled By: CHITAKUNYE J and TSANGA J

This is an appeal against the judgment of the Magistrate Court sitting at Harare in terms of which the appellant was ordered to pay to the respondent a sum of US$8,277 plus interest.The appellant is an auctioneer. The appellant, acting on behalf of Conte Shoes (Pvt) Ltd in Liquidation (represented ...
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HH86-12 : ELIJAH KASEZA vs LANGTON KASEZA and WINNIE MURAPE
Ruled By: MAVANGIRA J

This matter was initially set down for hearing on 11 June 2009 on which date it was postponed to 10 July 2009. It was again postponed a number of times and was finally heard on 3 February 2011 after which date the court called for supplementary heads of argument from ...
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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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HH02-10 : JOHN RODGER & OTHERS vs FRIK MULLER & OTHERS
Ruled By: PATEL J

The first and second applicants are directors of the third applicant, which operates safari activities in the Zambezi Valley Area.The first and second respondents are directors of the third respondent, which is also a safari operator.The fourth respondent is the National Parks and Wildlife Management Authority (the Authority) responsible for ...
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Appealed
HH72-10 : EDWARD GARDNER vs DAMPIER DEVELOPMENT and V MANGAMI and KIDS MHANGAMI and EXPORT CREDIT & GUARANTEE CORPORATION PL and REGISTRAR OF DEEDS
Ruled By: MAKONI J

The applicant and the first respondent entered into an agreement of sale in respect of a 4.2% undivided share, being share number E8 and 90.15% undivided share being share number J4 of a certain piece of land situate in the District of Salisbury called the Remaining Extent of Stand 759A ...
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Appealed
SC47-13 : ALFRED MUCHINI vs ELIZABETH ADAMS and SHEPHERD MAKONYERE N.O. and ESTATE LATE ALVIN ADAMS and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

At the end of the hearing we dismissed the appeal with costs. The following are our reasons for so doing.The subject of the dispute between the parties is an immovable property known as Plot Number 13 Glynham, Masvingo (“the property”). It formed part of the estate of the late Alvin ...
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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 rule that no one can give what he does not have and no one can transfer any right greater than he himself possesses is correct...,.
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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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HMA28-20 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: ZISENGWE J

The parties in this application are embroiled in a bitter dispute over the implications of their failure to specifically include Value Added Tax (abbreviated herein as “VAT”) matters in agreements for the milling of sugarcane.The applicants are both companies duly incorporated in terms of the laws of Zimbabwe whose names ...
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HMT12-21 : EMMANUEL RENSBURG vs KENNEDY NGIRAZI and NAN JIANG MINE (PVT) LTD and MEGAMANIA AUCTIONEERS and THE HIGH COURT SHERIFF (N.O.)
Ruled By: MUZENDA J

Where an innocent purchaser of an asset, sold at a public auction, is involved, these courts readily protects such and a sale, once conducted and vests rights in the purchaser, such rights are not easily reversed even where an error is detected: see SILBERBERG and SCHOEMAN's The Law of Property, ...
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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

This is an application for rescission of a default judgment granted under HC7398/11.The application is brought in terms of Rule 449.The first applicant is an association of members and will hereinafter be referred to as The Association.Its members purchased Stands at a property known as Newark of Hilton of Subdivision ...
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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 ...