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Harare High Court
Bruce Ndoro and Fungayi Ndoro v Conjugal Enterprises (Private) Limited and Johannes Conrad Makonye
HH 814-22
Case Details
Court
Harare High Court
Date
16 November 2022
Citation
HH 814-22
Neutral Citation
[2022] ZWHH 814
Outcome
unknown
Case Type
Application
Bench
Presiding
Deme J
Full Bench
Deme J
Areas of Law
Property LawContract LawCivil Procedure
Keywords
Agreement of sale cancellationCommissioning of affidavitsPoint in limine
Tags
Agreement of saleProperty cancellationCommissioning defects
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a point of law can be raised at any time during proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Point in limine raised at hearing regarding defective commissioning"}
- {"issue_text":"Whether the opposing affidavit was validly and properly commissioned","issue_type":"procedural","dispositive":"yes","related_facts":"Opposing affidavit lacked date of oath administration"}
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background
Facts of the Case
Background
The applicants, a married couple, entered into an agreement of sale with the first respondent for a property in September 2018. Disputes arose over payment methods, leading to cancellation of the agreement by the respondent in July 2019. The applicants sought a declaratory order either declaring the cancellation null and void or confirming cancellation with reimbursement of payments made.
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