Batandi Michael Mpofu N.O v Felix Dzumbunu & Anor and Assistant Master of the High Court of Zimbabwe

HB 188/22

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Case Details

Court

Bulawayo High Court

Date

14 July 2022

Citation

HB 188/22

Neutral Citation

[2022] ZWHB 188

Outcome

unknown

Case Type

Trial

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Property LawContract Law

Keywords

instalment salecancellationevictionoccupational damagesspecific performance

Key Issues

{"issue_text":"Whether the initial agreement of sale was lawfully terminated","issue_type":"law","dispositive":"yes","related_facts":"Service of notice on worker, breach by non-payment"}
{"issue_text":"Whether there existed any legal impediment to the conclusion of the second agreement","issue_type":"law","dispositive":"yes","related_facts":"Second sale during period when first cancellation confirmed"}
{"issue_text":"To whom should the property be transferred","issue_type":"law","dispositive":"yes","related_facts":"Both agreements, payments made"}

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background

Facts of the Case

Background

The plaintiff sold a property to the 1st defendant under an instalment sale agreement which was cancelled due to breach. During the period when the cancellation was confirmed by court order, the plaintiff sold the same property to the 2nd defendant. The 1st defendant later sought to remedy his breach after the second sale.

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