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Harare High Court
Admire Rubaya and Miriam Chiba v Mazvel Investments (Private) Limited and Infrastructure Development Bank of Zimbabwe
HH 125-21
Case Details
Court
Harare High Court
Date
23 March 2021
Citation
HH 125-21
Neutral Citation
[2021] ZWHH 125
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Property LawContract LawInterdicts
Keywords
Sale of LandContract FormationInterim InterdictSpecific Performance
Tags
Property LawContract LawInterdict
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Application filed on 9 March 2021 after threat made 23 February 2021"}
- {"issue_text":"Whether applicants established prima facie right to interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Disputed contract since 2017, threat to dispose of property"}
- {"issue_text":"Whether balance of convenience favours granting interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Property would be lost to applicants if sold, damages inadequate"}
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background
Facts of the Case
Background
The applicants, a married couple, responded to a newspaper advertisement for residential stands in Mount Pleasant and made an offer to purchase Stand 805. They paid a deposit of US$9,050 on 19 September 2017. The respondents later required them to sign a written agreement with different terms, threatening to offer the stand to other buyers if they did not sign by 9 March 2021. The applicants filed summons in HC 329/21 seeking a declaration that a valid contract exists, followed by this urgent application for an interim interdict to prevent disposal of the property pending the main action.
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