HH 318-18 EMILY BADZA versus PRISCILLA ZHOU and Ors

EMILY BADZA

versus

PRISCILLA ZHOU

and

NATIONAL SOCIAL SECURITY AUTHORITY

and

THE REGISTRAR OF DEEDS

and

NYIKADZINO, SIMANGO AND ASSOCIATES

 

 

 

HIGH COURT OF ZIMBABWE

KWENDA J

HARARE, 31 May 2018 and 01 June 2018 & 13 June 2018

 

 

Civil Trial

 

Mr P. Kawonde, for the plaintiff

Mr Munetsi, for the defendant

2nd and 3rd defendants in default

 

 

            KWENDA J: The fourth defendant was joined in these proceedings at the instance of the first defendant. However first defendant, having obtained the order for joinder realised that no purpose would be served by the joinder and abstained from serving the order on the fourth defendant. Accordingly the matter proceeded without the fourth defendant.

Prior to the events leading to this case the plaintiff was the registered owner of stand 2010 Chadcombe, Township of stand 134 Chadcombe Township 2 held by her under Deed of Transfer No 12804/02. Plaintiff is a Zimbabwean national residing and working in the United Kingdom. Sometime in August 2015 she erected some temporary dwellings at the property in preparation for development. Certain persons, unknown to her, destroyed the temporary structures and camped at the property armed with an array of weapons, obviously, ready to fight if anyone came to the property. Upon investigation the plaintiff discovered that ownership had been transferred to the first defendant under Deed of transfer No. 697/15. The discovery prompted her to institute these proceedings for the recovery of her property by way of cancellation of Deed of Transfer No. 697/15 and restoration of her Deed of Transfer No 12804/02. She averred that she did not sell or transfer her properly. She avers that the transfer was not authorised by her.

 

Download File: 

Tags: 

2018