Tshuma v Dhlamini and Ors (HB 5 of 2007) [2007] ZWBHC 5 (10 January 2007)

Tshuma v Dhlamini and Ors (HB 5 of 2007) [2007] ZWBHC 5 (10 January 2007)

The application for rescission fails because the applicant has no bona fide defence with prospects of success; the property was already registered in Tennyson Dhlamini's name before the purported sale to Ambrose Tshuma, making the second sale void. Registration in the Deeds Registry is conclusive proof of ownership, and the applicant has no legal basis to remain in occupation.

Citation
[2007] ZWBHC 5
Parties
Applicant/respondent: Roselyn Wavy Tshuma; Respondent/applicant: Tennyson Dhlamini; Respondent: Zimall Reliance (Pvt) Ltd; Respondent: James, Moyo-Majwabu & Nyoni; Respondent: The Registrar of Deeds
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
10 January 2007
Case Number
HB 5 of 2007
Procedural Posture
Civil / Judgment
Outcome
Application for rescission dismissed with costs; order for eviction granted.
Legal Topics
Rescission of Judgment, Eviction, Double Sale, Ownership of Immovable Property
Source Language
English
Property Law Civil Procedure Rescission of Judgment Eviction Double Sale Ownership of Immovable Property

Case Brief

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Parties

Roselyn Wavy Tshuma

Applicant/respondent

Tennyson Dhlamini

Respondent/applicant

Zimall Reliance (Pvt) Ltd

Respondent

James, Moyo-Majwabu & Nyoni

Respondent

The Registrar of Deeds

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to rescission of a default judgment entered against her
  2. 2 Whether the applicant has a bona fide defence with prospects of success
  3. 3 Whether the respondent is entitled to an order of eviction against the applicant

Ratio Decidendi

The application for rescission fails because the applicant has no bona fide defence with prospects of success; the property was already registered in Tennyson Dhlamini's name before the purported sale to Ambrose Tshuma, making the second sale void. Registration in the Deeds Registry is conclusive proof of ownership, and the applicant has no legal basis to remain in occupation.

Court Disposition

Application for rescission dismissed with costs; order for eviction granted.

Orders

  • The application for rescission in HC 2821/04 is dismissed with costs.
  • In HC 2782/04, Roselyn Wavy Tshuma is ordered to vacate 2570 Cowdray Park, Bulawayo within fourteen days, failing which the Deputy Sheriff is authorised to evict her and all those claiming through her, with costs.