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Harare High Court
Edmore Nyakudzi v Foster Tambula
HH 345-12
Case Details
Court
Harare High Court
Date
11 September 2012
Citation
HH 345-12
Neutral Citation
[2012] ZWHH 345
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Property LawContract Law
Keywords
evictioncessionlease rightsproperty transfermunicipal consentholding over damages
Tags
evictionproperty transfercession of rightsleasehold rights
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant is entitled to remain in occupation after transfer of cession","issue_type":"mixed","dispositive":"yes","related_facts":"Cession passed, defendant refused to vacate, no written variation of agreement"}
- {"issue_text":"Whether there was a valid verbal agreement to pay additional US$4,000","issue_type":"law","dispositive":"yes","related_facts":"Alleged promise in Tadiwa's chambers, unsigned addendum, clause 14 of agreement"}
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background
Facts of the Case
Background
The plaintiff purchased cessionary rights in a property from the defendant for US$6,000 through an agreement of sale dated 25 February 2011. After full payment and transfer of cession at the municipality on 5 October 2011, the defendant refused to vacate the premises, claiming the plaintiff had promised an additional US$4,000. The plaintiff sought eviction and holding over damages.
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