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DUDKA & ORS v CHENI INVESTMENTS (PVT) LTD & ORS 2011 (1) ZLR 1 (H)

2011 (1) ZLR p1

Citation

2011 (1) ZLR 1 (H)

Case No

Judgment No. HH-124-11

Court

High Court, Harare

Judge

Makoni J

Heard

6 May 2010

Judgment

15 June 2010

*

Counsel

T Mpofu, for the first applicant
L Uriri, for the second and third applicants
L Mazonde, for the fourth applicant
S Tsaurayi, for the third, fourth and fifth respondents

Case Type

Civil application

Annotations

No case annotations to date

Flynote

Arbitration – award – when becomes effective – takes effect when granted – not necessary for award to be registered to become binding – registration of award – only necessary for execution of award

Property and real rights – Deeds Registry – caveat – failure of Deeds Registry to register a caveat – has no effect on the prior claim of the purchaser to the property

Property and real rights – res litigiosa – when res can be said to become litigiosa – interim arbitral award barring transfer of property – property res litigiosa – alienation of property which is res litigiosa – may be alienated as long as the rights of the non alienating litigant are protected – sale valid inter partes only – right of recovery of such property by litigant

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