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Harare High Court
Charles Samvura and Soneni Samvura v Saltana Enterprises (Private) Limited and David Pfukwa Mutingwende and Antorny Ernest Pahwaringira and Danmore Batsirai
HH 6/21
Case Details
Court
Harare High Court
Date
7 January 2021
Citation
HH 6/21
Neutral Citation
[2021] ZWHH 6
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Property LawContract Law
Keywords
double salefirst purchaserspecial circumstancesbalance of equitiesejectment
Tags
double saleimmovable propertyspecific performanceejectment
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there are special circumstances affecting the balance of equities in favour of the fourth defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Fourth defendant constructed illegal structure, neither purchaser has taken transfer"}
- {"issue_text":"Whether the plaintiffs have established a case for 2nd and 3rd defendants to be held personally liable","issue_type":"law","dispositive":"no","related_facts":"2nd and 3rd defendants are directors who represented 1st defendant in both transactions"}
- {"issue_text":"Whether the quantum of damages has been proved","issue_type":"fact","dispositive":"no","related_facts":"Alternative claim for US$22,700 damages"}
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background
Facts of the Case
Background
The plaintiffs purchased a residential stand from the first defendant in 2002 and paid in full. The same property was sold to the fourth defendant in 2011. Neither purchaser has taken transfer. The plaintiffs seek to have their agreement upheld and the fourth defendant ejected from the property.
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