Judgment No. SC 17/18 4
Civil Appeal No. SC 470/15
We are called upon to determine whether or not a bona fide purchaser has any
protection at law other than having a personal right against the seller of the property.
Before addressing that issue it is important to state that the property in question
was and is still registered in the names of the sellers.
The court a quo based its decision on this court’s decision in Moyo v Muwandi SC
47/03. The appellant did not challenge the correctness of that decision, but it was submitted on
its behalf that the circumstances in the case of Moyo v Muwandi can be distinguished from
those of this case.
In the Muwandi case, this Court found that there were special circumstances on the
basis of an incomplete cession of rights in property and not the transfer of ownership from a
seller to a buyer. The two issues identified for determination in the Muwandi case were:
a) whether at the time the right, title or interest in the property was attached by the
Deputy Sheriff it had already been transferred to Muwandi; and
b) whether, if it had not yet been transferred, there was any basis for setting aside the
sale in execution.
The appeal in Muwandi’s case therefore related to the cession of rights and interest
in a third party’s property and not the transfer of ownership in terms of s 14 (a) of the Deeds
Registries Act [Chapter 20:05].