Gladys Dube v Lovemore Hlongwane and The Registrar of Deeds

The parties entered into a written agreement for the sale of the 1st respondent's house at Stand Number 5210, Cowdray Park, Bulawayo for $155,000.00. The applicant (purchaser) was to pay $135,000.00 as deposit with the balance payable within three months. The applicant signed the agreement, but the 1st respondent did not sign personally. Instead, he authorised directors of Lonet Engineering and Suppliers (trading as Lonet Construction) to sell on his behalf, as evidenced by a document dated 29 November 1999. Mr Timile, one of the company's directors, filed an affidavit explaining the transaction and that the 1st respondent had spent some of the proceeds from the sale. The applicant was given possession of the house and paid the full purchase price. When the 1st respondent refused to assist with transfer, the applicant issued summons. The respondent entered appearance to defend but then disappeared, with his legal practitioners advising he was believed to be in South Africa. No plea was filed indicating any defence to the claim.

• Whether summary judgment should be granted despite the 1st respondent's absence
• Whether the applicant was entitled to an order compelling the 1st respondent to sign transfer documents
• Whether valid authority existed for the sale where the 1st respondent did not personally sign the agreement
• Whether the Deputy Sheriff could be authorized to sign transfer documents in place of an absent seller

1. The 1st respondent is ordered to sign all necessary documents to enable the applicant to take transfer of the property, namely Stand Number 5210, Cowdray Park, Bulawayo, failing which the Deputy Sheriff is authorised to do so in the respondent's place. 2. The respondent is to pay the costs of suit on attorney and client scale.

Where a purchaser has paid the full purchase price and been given possession of property pursuant to a valid sale agreement, and the seller has authorised the sale and received payment but refuses to cooperate with transfer, the court may grant summary judgment ordering the seller to sign transfer documents. Where the seller defaults by failing to file a plea and becomes unavailable, the Deputy Sheriff may be authorized to sign the necessary transfer documents in the seller's place to give effect to the contract. A party who enters appearance to defend but then disappears without filing a plea is in default and summary judgment may be granted against them.

The court noted the particular prejudice to the applicant caused by delay in finalizing the matter, suggesting that courts should be mindful of the practical consequences of allowing property disputes to drag on when one party has already fulfilled all contractual obligations and the other party has absconded. The grant of costs on an attorney and client scale (a punitive costs order) reflects the court's disapproval of the respondent's conduct in disappearing after entering appearance to defend.

This case demonstrates the Zimbabwean High Court's approach to summary judgment applications in property sale disputes where a seller has received full payment and given possession but refuses to cooperate with transfer. It illustrates the court's willingness to authorize the Deputy Sheriff to sign transfer documents on behalf of an absent or uncooperative seller, ensuring that purchasers who have fulfilled their contractual obligations are not prejudiced. The case also addresses the validity of sales conducted through authorized agents rather than by the seller personally, and the consequences of entering appearance to defend but then failing to file a plea or participate in proceedings.