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Harare High Court
Eugene Kondondani Chimpondah and Tidings Chimpondah v Gerald Pasipamire Muvami
HH 81-2007
Case Details
Court
Harare High Court
Date
21 November 2007
Citation
HH 81-2007
Neutral Citation
[2007] ZWHH 81
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Property LawContract Law
Keywords
agreement of salecancellationinstallment saleConventional Penalties Actcondonation
Tags
immovable propertyagreement of salecancellationinstallment sale
legislation
Statutes Cited
- Conventional Penalties Act
- Conventional Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the agreement became an installment sale governed by Conventional Penalties Act after variation of payment terms","issue_type":"mixed","dispositive":"yes","related_facts":"Variation of payment terms to installments"}
- {"issue_text":"Whether respondent was entitled to cancel agreement without giving 30 days notice under section 8 of Conventional Penalties Act","issue_type":"law","dispositive":"yes","related_facts":"Cancellation on 6 December 2005 without notice"}
- {"issue_text":"Whether the plea of res judicata should succeed","issue_type":"procedural","dispositive":"no","related_facts":"Previous case HC 132/06"}
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background
Facts of the Case
Background
The applicants, a married couple, entered into an agreement of sale with the respondent for immovable property in Borrowdale, Harare. After varying the payment terms to installments, the respondent purported to cancel the agreement alleging breach. The applicants sought an order compelling transfer of the property.
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