David Gange Addenbrooke and Frances Ann Addenbrooke v Shasha Robert Gomez and The Registrar of Deeds (Bulawayo)

Key Issues

• {"issue_text":"Whether the agreement of sale was null and void ab initio due to lack of consensus (non ad idem).","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant claimed he bought properties, not a trust; plaintiffs claimed they sold a trust; defendant later admitted buying through a trust vehicle."}
• {"issue_text":"Whether the plaintiffs validly cancelled the agreement following the defendant’s late payment.","issue_type":"law","dispositive":"yes","related_facts":"Clause 14.2 required a 7-day notice to remedy breach; no such notice was given."}
• {"issue_text":"Whether the defendant’s late payment in February 2019 cured the breach and preserved the contract.","issue_type":"law","dispositive":"yes","related_facts":"Payment was made before formal cancellation; contract remained subsisting."}
• {"issue_text":"Whether the currency of the second payment complied with the agreement.","issue_type":"fact","dispositive":"no","related_facts":"SI 33/19 introduced RTGS dollar on 22 February 2019; payment was made on 15 February 2019."}

Background