KUDAKWASHE ALLAN MURAPE

and

MABLE TARUBVA ZVINAIYE MURAPE

versus

MUCHANETA CHATAMBUDZA

HIGH COURT OF ZIMBABWE

CHIKOWERO J

HARARE, 15 & 23 May 2018

Trial

N. Jonasi, for the plaintiffs

M B Lunga, for the defendant

            CHIKOWERO J: The crisp issue for determination is whether, at the material time, the defendant did not have the mental capacity to enter into the agreement of sale by reason of insanity.

            If the answer is in the affirmative, the agreement of sale entered into between the plaintiffs and the defendant on 26 January 2006 would be null and void.

            The following facts are common cause.

            On 26 January 2006 and at Harare the defendant sold all her rights, title and interest in an immovable property called Flat 46 Block 13 Odzi Flats, Eastlea Harare to the plaintiffs.

            The purchase price was one billion nine hundred and fifty million dollars (Zim $1 950 000 000-00).

            The plaintiffs were represented by Abel Murape, the first plaintiff’s father. The plaintiffs are spouses.

            Abel Murape had seen an advertisement in the Herald newspaper reflecting that the property was for sale.

            That advertisement had been flighted by Fingold Real Estate on the instructions of the defendant.

            Abel Murape appeared at the offices of Fingold Real Estate. This led to the signing of the agreement of sale by Abel on behalf of the plaintiffs, the defendant, two witnesses and Violet Aleck, the registered estate agent.