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Masvingo High Court - 2019 January

4 judgments
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4 judgments
Citation
Judgment date
January 2019
Gava v Mawere & 5 Ors (HC 20 of 2018; HMA 18 of 2019) [2019] ZWMSVHC 18 (31 January 2019)
A party with only personal cession rights cannot vindicate immovable property properly sold in execution to a purchaser.
Execution sale – attachment and sale in execution – effect on third party personal rights; Lease-to-buy agreements – cession versus sale; Rei vindicatio – only for owners with real rights; Double sales – first-in-time rule subject to special circumstances; Bona fide purchaser and public auction notice
 31 January 2019
S v Mukwena (CRB CH 1766 of 2018; HMA 3 of 2019) [2019] ZWMSVHC 3 (17 January 2019)
Court quashed an excessive sentence after finding misdirection and reliance on irrelevant considerations, substituting a mitigated custodial outcome.
Sentencing — misdirection — failure to consider mitigating factors (first offender, guilty plea, poverty, family responsibilities) — reliance on irrelevant considerations (festive season) — community service not age-limited — excessive sentence substituted.
 17 January 2019
Zivanomoyo v Dingani (CIV A 64 of 2017; HMA 2 of 2019) [2019] ZWMSVHC 2 (16 January 2019)
Purchaser paying seller’s estate agent is entitled to specific performance; magistrate’s jurisdiction upheld despite drafting errors.
Specific performance; contract interpretation; magistrate’s court jurisdiction; written consent to jurisdiction; payment to estate agent constitutes payment to seller; agency in property sale.
 16 January 2019
Maware v Chiware (HC 228 of 2018; HMA 1 of 2019) [2019] ZWMSVHC 1 (7 January 2019)
Redistribution of assets after an unregistered customary union: unjust enrichment, apportionment and enforced valuation timelines.
Customary law unions — Redistribution of assets upon dissolution — Unjust enrichment and equitable apportionment — Valuation of movable and immovable property — Enforcement by court-appointed evaluators and fixed timelines — Costs proportionate to success.
 7 January 2019