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Harare High Court
Allen Mutara v Fadzanai Brian Mutopo and Registrar of Deeds
HH 219-23
Case Details
Court
Harare High Court
Date
29 March 2023
Citation
HH 219-23
Neutral Citation
[2023] ZWHH 219
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Property LawContract Law
Keywords
agreement of saletransfer of propertyspecific performancecounter-applicationcaveat subscriptor
Tags
specific performancecontract of saleimmovable propertycounter-application
legislation
Statutes Cited
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether court should compel transfer of immovable property pursuant to agreement of sale","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement signed, consideration paid, respondent refusing transfer"}
- {"issue_text":"Whether court can cancel contract at instance of party seeking cancellation","issue_type":"law","dispositive":"yes","related_facts":"Counter-application seeking cancellation of sale agreement"}
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background
Facts of the Case
Background
Applicant purchased immovable property from first respondent for USD85 000 and paid full purchase price. First respondent refused to transfer property claiming the agreement was merely security for a loan of USD18 500. Applicant sought order compelling transfer; respondent counter-applied for cancellation.
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