Bulawayo High Court - 2005 October

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2 judgments

Citation	Judgment date
October 2005
Dube v Mpala and Ors (HC 3505 of 2005) [2005] ZWBHC 116 (26 October 2005) A later innocent purchaser who substantially improves a property may prevail over an earlier purchaser where equities favour the later buyer. Property law – double sale of immovable property – first in time ordinarily prevails where transfer not passed – special circumstances may displace rule – innocent later purchaser who substantially improves property can prevail – cession/approval by local authority authorised.	26 October 2005
S v Shereni (CRB MT 304 of 2001) [2005] ZWBHC 103 (19 October 2005) Convictions quashed where prosecution failed to disprove accused’s ownership claim and trial court failed to assist unrepresented accused. Criminal law — Stock theft — Onus of proof — Possession and presumption of ownership — Reliability of identification of animals — Failure to produce ownership documents — Duty of court to assist unrepresented accused — Unfair trial.	19 October 2005