Christopher Dube v Rutabanga Marketing and Stewart Phillip Cranswick

HB 293/20

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Case Details

Court

Bulawayo High Court

Date

10 December 2020

Citation

HB 293/20

Neutral Citation

[2020] ZWHB 293

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kabasa J

Full Bench

Kabasa J

Areas of Law

Property LawContract Law

Keywords

agreement of saledeed of cessiontown houses constructionbreach of contractcancellationabsolution from instance

Key Issues

{"issue_text":"Whether the plaintiff has established a prima facie case warranting continuation of trial","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's failure to construct town houses and pay compensation; plaintiff's claim for cancellation"}
{"issue_text":"Whether the defendant breached the interconnected agreements","issue_type":"mixed","dispositive":"no","related_facts":"Failure to construct by deadline; failure to pay compensation by deadline"}
{"issue_text":"Whether the plaintiff is entitled to cancellation of the agreements","issue_type":"law","dispositive":"no","related_facts":"Defendant's breach; plaintiff's desire to be restored to pre-contract position"}

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background

Facts of the Case

Background

The plaintiff, owner of two properties in Victoria Falls, entered into three interconnected agreements with the defendant (represented by Stewart Cranswick before incorporation) for sale of one property, cession of rights in another, and construction of town houses on both properties. When the defendant failed to construct the town houses by the agreed deadline of 1 September 2018 and failed to pay the agreed US$600,000 compensation by 7 September 2018, the plaintiff sought cancellation of all agreements and return of his title deed.

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