Edgars Stores Ltd v Varel Investments (Pvt) Ltd & 2 Ors

HH 108-2005

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Case Details

Court

Harare High Court

Date

14 September 2005

Citation

HH 108-2005

Neutral Citation

[2005] ZWHH 108

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Contract LawProperty Law

Keywords

Oral agreementProperty saleInterdictAgreement to agree

Key Issues

{"issue_text":"Whether a binding oral agreement for property sale was concluded between the parties","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged February 2005 oral agreement, subsequent negotiations, unsigned draft agreements"}
{"issue_text":"Whether the applicant established a prima facie right to acquire the property for $6 billion","issue_type":"law","dispositive":"yes","related_facts":"Lack of written acceptance, condition precedent clauses, due diligence review"}

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background

Facts of the Case

Background

The applicant sought an interdict to prevent disposal of immovable property known as Katamon Court, claiming a binding oral agreement was concluded in February 2005 for its sale at $6 billion. The respondents denied any binding agreement existed, asserting that negotiations were subject to execution of a written agreement by 1 March 2005.

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