Legal Mega Minds

  By Bright 'Briggs' Maponga Many a people do not appreciate the difference between owning property and being on (possession of) property. Being on property has nothing to do with ownership of the property as even a squatter can be on property but without owning the same. It is only when you become legally recognized as such that you become the owner lest you mislead the public. Are you the owner of the property which you consider to be yours or you are just on it? If you happen to be on the property without owning it, then you are simply not the legal owner of it. You cannot legally say that you own the property for the reasons that follow; Ownership of immovable property is determined by whether you are registered as such with the Deeds Registry. An inquiry as to who owns a certain piece of land is only answered by visiting the Deeds Registry to see in whose name is the property registered. The person in whose name the property is registered, remains the owner even if dec...

By Bright Maponga It has happened for so long and it still happens that two innocent land seekers buy the same property from the same seller. This has been commonly referred to as “double sales”. This scenario is not new to the Zimbabwean market and is even more prevalent in the recent times where corruption has reached its zenith. What happens in that situation is what this writing seeks to clarify? 2.     As far back as the year 2000, the Highest Court of Appeal being the Supreme Court faced with a double sale scenario settled the law. This was in the case of GUGA v MOYO 2000 (2) ZLR 458 (S) wherein the court per McNally JA (as he then was) held that, The basic rule in double sales where transfer has not been passed to either party is that the first purchaser should succeed. The first in time is the stronger in law. The second purchaser is left with a claim for damages against the seller, which is usually small comfort. But that rule applies only in the absence o...