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Harare High Court

City of Harare v Aqua-Jets (Pvt) Ltd & Anor

HH 459-21

Case Details

Court
Harare High Court
Date
15 September 2021
Citation
HH 459-21
Neutral Citation
[2021] ZWHH 459
Outcome
unknown
Case Type
Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawContract LawPrescription Law
Keywords
prescription interruptionacknowledgment of liabilityextension requestsproperty development agreement
Tags
prescriptionacknowledgment of liabilitycontract breachproperty transfer
legislation
Statutes Cited
  • Prescription Act
  • Prescription Act
  • Prescription Act
  • Prescription Act
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the running of prescription was interrupted by the acknowledgment of liability and/or requests for extensions which were granted","issue_type":"procedural","dispositive":"yes","related_facts":"Multiple extension requests granted over 20-year period"}
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background
Facts of the Case

Background

In 1992, City of Harare sold Stand 14773 Harare Township to Aqua-Jets (Pvt) Ltd under agreement requiring development within specified timeframes. Aqua-Jets breached by failing to develop the property. After multiple extensions requested and granted over 20 years, City cancelled agreement and sought re-transfer. Aqua-Jets raised prescription plea.
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