Agatha Makaha (now deceased) was the mother of the second appellant and the second and third respondents. During her lifetime, she donated Stand No. 943 Mabvazuva Township Rusape to the second respondent (Noleen Makaha). The second respondent failed to develop the stand and subsequently donated it to the second appellant (Owen Makaha) with a condition that he should not sell the stand without consulting Agatha Makaha, herself (second respondent), and Pepetua Makaha. The second appellant sold the stand to the first appellant (Takudzwa Douglas Chitere), who developed it into a ten-roomed house. When the second respondent discovered this, she objected on the grounds that it was family property. The appellants sought an order from the Rusape Magistrates Court compelling the first respondent (Rusape Town Council) to process the cession of the stand from the second appellant to the first appellant. The Magistrate dismissed the application, and the appellants appealed to the High Court.