SIMON CHIPONDA TAFA

versus

SIBONILE TAFA

and

THE MASTER OF THE HIGH COURT

HIGH COURT OF ZIMBABAWE

CHITAKUNYE J

HARARE, 30-31 October 2017 and 12 July, 2018

CIVIL TRIAL

T Mutebere, for plaintiff

V Mukwachari, for first defendant

            CHITAKUNYE J.  The Plaintiff was a father- in -law to the first defendant as first defendant was married to plaintiff’s son, the late Charles Tafa who died on the 20^th June 1993 in Harare. The second defendant is cited in his official capacity.

            On the 12th July 2012 the plaintiff issued summons against the defendants seeking, inter alia, an order in these terms:-

1.  Cancellation of Deed of transfer No. 8970 dated 27 October 1997 registered in favour of Sibonile Tafa the first defendant in this action.
2. Delivery of Stand number 884 Old Highfield, Harare held under Deed of Transfer No. 8970 dated 27 October 1997 registered in the name of the defendant to plaintiff.
3. The Registrar of Deeds be and is hereby ordered to facilitate the transfer of the said property into plaintiff’s name
4. Costs of suit.

            In his declaration the plaintiff alleged that he bought Stand number 884 Old Canaan, Highfield, Harare from Reuben Mbulayi in 1987. They however did not change ownership since the seller was still making payments to the City of Harare. Change of ownership was only to be effected once the seller had made full payment.