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Harare High Court

Brian Jinda and Mejury Jinda v Viewbit Investments (Pvt) Ltd and The Registrar

HH 14/17

Case Details

Court
Harare High Court
Date
12 January 2017
Citation
HH 14/17
Neutral Citation
[2017] ZWHH 14
Outcome
unknown
Case Type
Application

Bench

Presiding
BERE J
Full Bench
BERE J
Areas of Law
Property lawContract lawTax law
Keywords
Sale agreementTransfer of propertyValue Added TaxNon-variation clause
Tags
Property transferContractual disputeVAT liability
legislation
Statutes Cited
  • Value Added Tax Act [Chapter 23:12]
  • Value Added Tax Act [Chapter 23:12]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the first respondent could demand VAT payment five years after the sale agreement when no such provision existed in the contract","issue_type":"mixed","dispositive":"yes","related_facts":"Sale agreement with non-variation clause; VAT demand made in 2011"}
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background
Facts of the Case

Background

The applicants purchased a stand from the first respondent through a sale agreement signed on 11 October 2006. After full payment of the purchase price by December 2006, the first respondent refused to transfer the property, demanding additional VAT payment five years later in 2011. The applicants sought court intervention to compel transfer.
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