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Harare High Court
Charles Bukuta vs Justin Gokolo and Municipality of Chitungwiza
HH 258-17
Case Details
Court
Harare High Court
Date
26 April 2017
Citation
HH 258-17
Neutral Citation
[2017] ZWHH 258
Outcome
unknown
Case Type
Application
Bench
Presiding
Makoni J
Full Bench
Makoni J
Areas of Law
Contract lawProperty lawPrescription
Keywords
Agreement of saleVacant possessionPrescriptionSpecific performanceProperty transfer
Tags
Property disputeVacant possessionSpecific performance
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claim has prescribed given that 12 years elapsed between the agreement date and filing","issue_type":"law","dispositive":"no","related_facts":"Agreement date of 14 February 2002, application filing date of 27 June 2014"}
- {"issue_text":"Whether the applicant can institute proceedings for specific performance without giving proper notice under clause 5","issue_type":"law","dispositive":"yes","related_facts":"Clause 5 notice requirement, applicant's failure to give proper notice"}
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background
Facts of the Case
Background
The applicant Charles Bukuta purchased Stand No. 13424 Unit N Seke Chitungwiza from the first respondent Justin Gokolo through Twinpic Properties Private Limited for $130,000 on 14 February 2002. The agreement provided for vacant possession within 3 months, but the first respondent refused to give vacant possession. The applicant filed proceedings in 2014 seeking vacant possession and eviction.
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