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JOLLY v SHANNON & ANOR 1998 (1) ZLR 78 (H)

1998 (1) ZLR p78

Citation

1998 (1) ZLR 78 (H)

Case No

Judgment No. HB-3-98

Court

High Court, Bulawayo

Judge

Malaba J

Heard

23 January 1998

Judgment

23 January 1998

Counsel

T A Cherry, for the plaintiff
R M Smethwick, for the defendants

Case Type

Civil trial

Annotations

Link to case annotations

Flynote

Ownership — movables — vindication — property disposed of — damages — assessment of value

Trust — creation — transfer of immovable property — transferee entrusted with property, to re-transfer on demand — proof of existence of trust — oral trust — nature of transaction entered into — sale of property for unrealistically low price — not a genuine sale — real nature of arrangement — rights of transferor — personal right against trustee — breach of trust — property sold to innocent third party — damages — how to be assessed

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