Judgment No. SC 21/2018 Civil Appeal No. SC 89/16 When the purchase price was paid in full, the late Mtize handed over the title deeds of the disputed property to the first respondent. He then took a copy of the title deeds saying he was taking it to ZIMRA for capital gains exemption since he was above the age of 60. It is common cause that the first respondent had possession of the original title deeds of the disputed property which were produced in evidence at the trial in the court a quo. It is also not in dispute that the first respondent took peaceful and undisturbed occupation of the property way back in 2005 soon after payment of the purchase price in full as alleged. Mrs Mtize the executrix dative of the late Mtize’s deceased estate alleged without proof that the first respondent stole the title deeds from the late Mtize’s office while he was ill. This unfounded allegation was denied by both witnesses for the first respondent, saying that Mtize’s office was kept under lock and key during the duration of his illness. Despite those serious allegations of theft of property of immense value, Mrs Mtize did not bother to report the theft to the police. Samson testified that Mrs Mtize only emerged about 9 years later when she invaded the property, forcibly took the keys and occupation of the property. Priscilla Marume testified that at the material time she was employed as the first respondent’s accountant. It was her testimony that she signed the agreement of sale as a witness in the presence of the late Mtize and Samson. She was responsible for paying the purchase price in full to the late Mtize. It was her evidence that she paid him the full purchase price starting from 13 May 2005 to 22 August 2005. Each time she paid him he would sign on a petty cash voucher to acknowledge receipt. She produced 3 cash voucher receipts dully signed by 6