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Bulawayo High Court
Charissa Gaynor Tommy v Lindy Gunn and Michael J. Gunn and Assistant Master of the High Court and Registrar of Deeds and Sheriff of Zimbabwe
HB 35-20
Case Details
Court
Bulawayo High Court
Date
20 February 2020
Citation
HB 35-20
Neutral Citation
[2020] ZWHB 35
Outcome
unknown
Case Type
Application
Bench
Presiding
TAKUVA J
Full Bench
TAKUVA J
Areas of Law
Property LawContract LawCivil Procedure
Keywords
PrescriptionLocus standiIllegal contractSpecific performanceImmovable propertyForeign currency
Tags
Property transferSpecific performancePrescriptionLocus standiContract illegality
legislation
Statutes Cited
- Prescription Act
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim has prescribed when no agreement on transfer timeframe","issue_type":"procedural","dispositive":"no","related_facts":"Agreement entered March 2004, summons issued November 2015"}
- {"issue_text":"Whether plaintiff has locus standi in judicio","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff issued with Certificate of Authority, not Executrix Dative"}
- {"issue_text":"Whether sale of immovable property was illegal transaction","issue_type":"mixed","dispositive":"no","related_facts":"Purchase price paid in Botswana Pula, foreign currency transaction"}
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background
Facts of the Case
Background
Plaintiff and her late husband entered into a verbal agreement to purchase immovable property from defendants in March 2004. Plaintiff performed her obligations and took possession but transfer was never effected. She now seeks specific performance and transfer of the property into her name.
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