Drawcard Enterprises (Private) Limited v Nashcrystal Motors (Private) Limited & 3 Ors

SC 81/24

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Case Details

Court

Supreme Court

Date

31 July 2024

Citation

SC 81/24

Neutral Citation

[2024] ZWSC 81

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHIWESHE JA

Full Bench

UCHENA JACHIWESHE JAMUSAKWA JA

Areas of Law

Property lawContract lawPrescription

Keywords

Double salePrescriptionProperty transferAcknowledgment of liability

Key Issues

{"issue_text":"Whether the first respondent's claim had prescribed by the time summons was issued in 2018","issue_type":"procedural","dispositive":"yes","related_facts":"Demand for transfer made in November 2009, summons issued in June 2018"}
{"issue_text":"Whether prescription was interrupted by acknowledgment of liability","issue_type":"law","dispositive":"no","related_facts":"Email from second respondent stating it was holding purchase price for refund"}

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background

Facts of the Case

Background

The case involves a double sale of immovable property (Stand 2427 Umtali Township, Mutare). The first respondent purchased the property from the third respondent in 2009 and paid the full purchase price but transfer was not effected. The property was later sold to the appellant who received transfer in 2017. The first respondent sought cancellation of the second sale and transfer of the property to it.

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