ALSPITE INVESTMENTS (PVT) LTD v WESTERHOFF 2009 (2) ZLR 226 (H)
Citation | 2009 (2) ZLR 226 (H) |
Case No | Judgment No. HH-99-09 |
Court | High Court, Harare |
Judge | Makarau JP |
Heard | 9 June2009; 6 July 2009; 7 July 2009 |
Judgment | 7 October 2009 |
Counsel | T B Ndoro, for the plaintiff |
Case Type | Civil trial |
Annotations | Link to case annotations |
Flynote
Family law – husband and wife – divorce – distribution of property following divorce – rights of former spouses thereto – nature of rights – not rights in rem – court order creates personal rights inter partes only
Property and real rights – ownership – vindication – actio rei vindicatio – founded in property law actio in rem – enforceable against the world at rge – irrelevance of equitable considerations – acquisition of property by third party – in absence of fraud rights of third party to property cannot be resisted
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