THE SHERIFF v HUMBE & ANOR 2020 (1) ZLR 1161 (H)
Citation | 2020 (1) ZLR 1161 (H) |
Case No | Judgment No. HH-378-20 |
Court | High Court, Harare |
Judge | Chinamora J |
Heard | 2 June 2020 |
Judgment | 9 June 2020 |
Counsel | N Chiota, for the applicant |
Case Type | Interpleader proceedings |
Annotations |
Flynote
Practice and procedure – interpleader – requirement for claimant to prove ownership – immoveable property – proof of ownership – claimant having bought and paid for property but not have effected transfer --- whether special circumstances exist to prevent execution – dilatory conduct on part of buyer – effect of
Property and real rights – ownership – immoveable property – presumption of ownership where property registered in the name of the title holder – legal implication to title – property having been sold but title not transferred – vesting of personal rights only in purchaser
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