Tangwireyi v Mariga and Anor (HC 1493 of 2002) [2004] ZWBHC 118 (29 September 2004)

Tangwireyi v Mariga and Anor (HC 1493 of 2002) [2004] ZWBHC 118 (29 September 2004)

The transfer of the property to the applicant was effected in flagrant violation of an existing court order and is therefore null and void. The applicant was in wilful default, failed to provide a reasonable explanation for the delay, and did not have a bona fide defence. The applications for summary judgment and rescission are dismissed with costs, and the transfer is cancelled.

Citation
[2004] ZWBHC 118
Parties
Applicant: Prisca Tagwireyi; Respondent: Ezekial Mariga; Respondent: Mary Sibanda
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
29 September 2004
Case Number
HC 1493 of 2002
Procedural Posture
Civil / Judgment
Outcome
applications dismissed with costs; transfer cancelled
Legal Topics
Interdicts, Summary Judgment, Rescission of Judgment, Transfer of Property, Bona Fide Purchaser, Customary Union, Co Ownership
Source Language
English
Property Law Civil Procedure Interdicts Summary Judgment Rescission of Judgment Transfer of Property Bona Fide Purchaser Customary Union +1 more

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Parties

Prisca Tagwireyi

Applicant

Ezekial Mariga

Respondent

Mary Sibanda

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the transfer of property to the applicant was valid in light of a prior court order interdicting such transfer
  2. 2 Whether the applicant was in wilful default and whether her explanation for delay was reasonable
  3. 3 Whether the applicant had a bona fide defence to the interdict and rescission applications

Ratio Decidendi

The transfer of the property to the applicant was effected in flagrant violation of an existing court order and is therefore null and void. The applicant was in wilful default, failed to provide a reasonable explanation for the delay, and did not have a bona fide defence. The applications for summary judgment and rescission are dismissed with costs, and the transfer is cancelled.

Court Disposition

applications dismissed with costs; transfer cancelled

Orders

  • The application for summary judgment is dismissed with costs.
  • The application for rescission of judgment is dismissed with costs.