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Mutare High Court
Brian Runganga v Secline Nyamyudeza and Shepherd Makonyere
HMT 56-20
Case Details
Court
Mutare High Court
Date
20 August 2020
Citation
HMT 56-20
Neutral Citation
[2020] ZWHMT 56
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUZENDA J
Full Bench
MUZENDA J
Areas of Law
Property lawContract lawBanking and finance
Keywords
Agreement of saleProperty transferCurrency regimeRefundBreach of contract
Tags
Property saleContract cancellationCurrency conversionRefund
legislation
Statutes Cited
- Reserve Bank of Zimbabwe Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff is entitled to a refund of the purchase price paid and if so in what currency and denominations should the repayments be effected?","issue_type":"mixed","dispositive":"yes","related_facts":"Payments made in RTGS and Rand, agreement cancelled"}
- {"issue_text":"Whether the plaintiff is entitled to any damages and if so for how much?","issue_type":"law","dispositive":"no","related_facts":"Claim for rental damages of US$200 per month"}
- {"issue_text":"Whether the plaintiff is entitled to any collection commission and interest on any amount due?","issue_type":"law","dispositive":"no","related_facts":"Claim for collection commission"}
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background
Facts of the Case
Background
The plaintiff purchased immovable property from the first defendant for US$90,000-00 through the second defendant's law firm. After discovering the property was registered in a third party's name, the plaintiff cancelled the agreement and sought refund. The court determined the appropriate currency for refund and dismissed claims against the second defendant.
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