WHOSE CLAIM PREVAILS? HOW COURTS RESOLVE CASES OF DOUBLE SALES OF IMMOVABLE PROPERTY IN ZIMBABWE
By Urayayi Chikwetu
Imagine the devastating shock- you've saved money , sacrificed, and finally purchased your dream house or land or immovable property, only to discover that the same seller has illicitly sold it to someone else. This nightmarish scenario, known as a "double sale" of immovable property, is a deeply unsettling and increasingly prevalent form of property fraud. It thrusts innocent buyers into a complex legal battle, challenging fundamental principles of contract law and fairness. While the age-old legal maxim "first in time, stronger in law" often provides a foundational guide, the reality is far more nuanced. Zimbabwean courts, acknowledging the profound hardship such fraud inflicts, have developed a crucial exception- the "balance of equities." This doctrine allows for a flexible and just resolution, meticulously weighing the unique circumstances of each party to determine whose claim truly deserves precedence. This article delves into the intricacies of double sales, exploring the general rules, the critical exceptions, and the compelling factors that tip the scales of justice, as powerfully illustrated by recent landmark judgments.
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