CHIKADAYA NO v CHENGA & ORS 2010 (2) ZLR 366 (H)
Citation | 2010 (2) ZLR 366 (H) |
Case No | Judgment No. HH-211-10 |
Court | High Court, Harare |
Judge | Kudya J |
Heard | 21 June 2010; 22 June 2010; 29 June 2010 |
Judgment | 22 September 2010 |
Counsel | B Diza, for the plaintiff |
Case Type | Civil trial |
Annotations | No case annotations to date |
Flynote
Estoppel - requirements - sale of land by person other than true owner - representation by conduct or otherwise that person disposing of property entitled to do so - culpa - no negligent representation by owner - compelling considerations of fairness - when estoppel may be based on such considerations - sale of land set aside
Property and real rights - ownership - vindication - estoppel - negligent representation - when owner of property can be estopped from vindicating property from third party- compelling considerations of fairness-when estoppel may be based on such considerations
Property and real rights - ownership - vindication - sale of land – vendor not true owner -purchaser of land acting mala fide - entitlement of true owner to set sale aside -purchaser not entitled to rely upon registration of land in his name - vendor's lack of title rendering sale a nullity
Property and real rights - res litigiosa - alienation of- res litigiosa may not be sold after institution of proceedings - when a thing becomes res litigiosa - alienation after litis contestatio - need to protect rights of non-alienating party
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