Construction Resources Africa (Private) Limited v Central African Building and Construction Company (Private) Limited t/a Central African Building Construction

[2022] ZWSC 110

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Case Details

Court

Supreme Court

Date

14 October 2022

Citation

[2022] ZWSC 110

Judgment No.

SC 110/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

KUDYA AJA

Full Bench

BHUNU JAMATHONSI JAKUDYA AJA

Areas of Law

Property LawContract LawCompany Law

Keywords

Actio rei vindicatioContractual cancellationCompany directorshipImmovable propertyInstalment sale

Key Issues

{"issue_text":"Whether the respondent was properly authorized to institute proceedings","issue_type":"procedural","dispositive":"no","related_facts":"CR14 form validity, company directorship"}
{"issue_text":"Whether the notice of cancellation complied with Contractual Penalties Act requirements","issue_type":"law","dispositive":"no","related_facts":"Content of 30-day notice, breach specification"}
{"issue_text":"Whether the deed of sale was validly cancelled","issue_type":"mixed","dispositive":"yes","related_facts":"Breach of payment obligations, notice given"}
{"issue_text":"Whether requirements for actio rei vindicatio were established","issue_type":"law","dispositive":"yes","related_facts":"Ownership of properties, possession by appellant"}

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background

Facts of the Case

Background

The appellant and respondent entered into agreements for sale of movable assets and three immovable properties. The appellant failed to pay the full purchase price in the agreed currency proportions. The respondent cancelled the deed of sale and sought eviction. The High Court granted the eviction order, leading to this appeal.

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