Aaron Nyarugwe v Dharwizi Transport (Private) Limited

LC/H/93/23

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Case Details

Court

Harare High Court

Date

2012

Citation

LC/H/93/23

Outcome

unknown

Case Type

Trial

Bench

Presiding

BERE J

Areas of Law

Contract LawProperty LawPrescription Law

Keywords

Sale AgreementProperty TransferPrescriptionDollarization

Key Issues

{"issue_text":"Whether or not the claim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Seven-year delay between cause of action and issuing summons"}
{"issue_text":"Whether or not the plaintiff has paid the purchase price in full","issue_type":"fact","dispositive":"no","related_facts":"Total payments of $1,100,000 Zimbabwe dollars made by plaintiff"}
{"issue_text":"Whether or not the agreement of sale was lawfully cancelled","issue_type":"law","dispositive":"no","related_facts":"Defendant's claim of mutual termination"}
{"issue_text":"Whether or not the plaintiff is entitled to transfer of the property or damages","issue_type":"mixed","dispositive":"no","related_facts":"All previous issues"}

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background

Facts of the Case

Background

The plaintiff entered into a verbal sale agreement with the defendant in 2000 for stand number 653 Sinoia Township (popularly known as stand number 623 Highway, Chinhoyi). The plaintiff made payments totaling $1,100,000 Zimbabwe dollars, with the last payment on 13 January 2001. The plaintiff demanded transfer in 2001 but did not receive a response. The plaintiff only issued summons in July 2008, seven years after the cause of action arose.

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