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Harare High Court
CHEMATRON PRODUCTS ZIMBABWE (PVT) LTD v TENDA TRANSPORT (PVT) LTD and REGISTRAR OF DEEDS
HH 50-2012
Case Details
Court
Harare High Court
Date
6 February 2012
Citation
HH 50-2012
Neutral Citation
[2012] ZWHH 50
Outcome
unknown
Case Type
Trial
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Property lawContract law
Keywords
Agreement of saleProperty transferBreachInterest ratesSpecific performance
Tags
Property transferAgreement of saleBreach of contractSpecific performance
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there is a valid and binding agreement of sale between Plaintiff and Defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement signed 13 July, varied 4 September, new agreement not signed"}
- {"issue_text":"If there is a valid Agreement of Sale, did Plaintiff breach the Agreement such as to enable Defendants to cancel?","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff made payments, Defendant accepted payments"}
- {"issue_text":"Is the Plaintiff entitled to take transfer of the property into their name?","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff completed payments, paid transfer fees"}
- {"issue_text":"What order as to costs is just and equitable?","issue_type":"procedural","dispositive":"no","related_facts":"Defendant refused transfer without justification"}
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background
Facts of the Case
Background
The plaintiff and first defendant entered into an agreement of sale for Stand No. 4 of subdivision B of Subdivision B, Prospect for Z$15 million. The parties later varied the agreement, but disputes arose over payment terms and interest calculations. The plaintiff made substantial payments but the defendant refused to transfer the property, claiming breach and demanding 600% interest instead of the agreed 125%.
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