Double Sale of Property and Summary Judgment

Nhlanhla Ndlovu v Melitah Maphosa (HC 3319/2001)

Case Summary

CourtHigh Court of Zimbabwe

JudgeChiweshe J

PartiesNhlanhla Ndlovu vs Melitah Maphosa

TypeApplication for Summary Judgment

Core IssueEviction from property subject to double sale

OutcomeApplication Application for summary judgment dismissed with costs with ordinary costs

Original property owner (Mguni) sold Stand 5206, Gwabalanda, Bulawayo to respondent:
- Sale agreement: January 13, 1997
- Full payment made: August 30, 1997
- Respondent took occupation and made improvements
Property was mortgaged to Zimbank (unknown to respondent)
Respondent paid money to Zimbank to help release title deeds
Mguni subsequently sold same property to applicant
Applicant obtained court order for transfer (March 30, 1999)
Respondent not cited in initial transfer proceedings
Property was mortgaged to Zimbank with title deeds retained

Legal Principles & Considerations

The court emphasized several key principles:

Requirements for summary judgment
Standard for bona fide defense
Rights of prior purchaser
Property transfer requirements
Necessity of citing interested parties
Principles regarding double sale of property

Court's Analysis & Reasoning

Court found several significant issues:

Respondent had prior claim to property
Full purchase price paid before second sale
Respondent in occupation and made improvements
Important triable issue exists regarding validity of transfer
Reasonable possibility of injustice if summary judgment granted
Respondent showed plausible defense

Final Orders & Implications

The court ordered:

Dismissal of summary judgment application
Costs awarded against applicant

Key Implications:

Reinforces protection of prior purchaser’s rights
Establishes importance of citing all interested parties
Clarifies threshold for defending summary judgment
Highlights significance of occupation and improvements
Demonstrates court’s approach to double sale disputes