Elizabeth Khaka v Peter Frederick Rennie

HH 760-22

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Case Details

Court

Harare High Court

Date

27 October 2022

Citation

HH 760-22

Neutral Citation

[2022] ZWHH 760

Outcome

unknown

Case Type

Application

Bench

Presiding

Chinamora J

Full Bench

Chinamora J

Areas of Law

Civil procedureContract lawProperty law

Keywords

Contempt of courtCivil contemptCourt order complianceOld Mutual sharesProperty valuation

Key Issues

{"issue_text":"Whether the respondent is in contempt of court for failing to comply with the order in HC 5000/08B","issue_type":"mixed","dispositive":"yes","related_facts":"Order issued 29 November 2012 requiring compliance within timeframes from 4 July 2008; respondent failed to purchase shares and value property"}
{"issue_text":"Whether the court order was capable of compliance","issue_type":"law","dispositive":"yes","related_facts":"Order issued in 2012 but compliance periods calculated from 2008"}
{"issue_text":"Whether the respondent had notice of the court order","issue_type":"fact","dispositive":"no","related_facts":"Respondent instituted rescission proceedings; service by affixing to gate"}

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background

Facts of the Case

Background

The applicant sued the respondent in 2007 for specific performance and transfer of a property. The parties entered into a deed of settlement on 4 July 2008 which was made an order of court on 29 November 2012. The applicant alleged the respondent breached the order by failing to purchase and transfer Old Mutual shares within 14 working days from 4 July 2008 and failing to have the property valued within 5 working days from 4 July 2008.

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