HB 041-18 LUNGISANI MOYO versus MUSIYIWA NYAMUKONDA and SIBANGANI MZIZI

LUNGISANI MOYO

versus

MUSIYIWA NYAMUKONDA

and

SIBANGANI MZIZI

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 20 FEBRUARY 2018 AND 1 MARCH 2018

 

 

Opposed Application

 

  

T Gamure for the applicant

B Dube for the 2nd respondent

 

 

            MATHONSI J:          The applicant and the first defendant are husband and wife having been married in terms of the Marriage Act [Chapter 5:11] at Bulawayo on 29 April 2003.   They jointly own stand 6860 Nkulumane Township of Subdivision A of Valley Field Bulawayo (the house) which they hold by Deed of Transfer No. 1239/2006.  The applicant has brought this application against her husband and the second respondent seeking an order declaring null and void a sale agreement concluded between the two of them on 23 May 2012 in terms of which the second respondent purchased the house from the first respondent for a purchase price of $15000-00.

            In her founding affidavit the applicant stated that she moved to England in 2002 to earn a living for her family.  While she worked in that country her husband remained in Zimbabwe and in due course she was able to put together enough money to purchase the house.  In doing so she did not get any financial assistance from the first respondent but still had the house registered in both their names in terms of the Deed of Transfer I have already referred to.  She was still resident in England when she was informed by her helper that the first respondent was busy trying to sell the house to a purchaser. Investigations revealed that it was actually the second respondent who was buying the house.

 

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