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Supreme Court
Gerald Sibanda v Lawrence Masanga
[2024] ZWSC 90
Case Details
Court
Supreme Court
Date
30 September 2024
Citation
[2024] ZWSC 90
Judgment No.
SC 90/24
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Author
Guvava JA
Full Bench
Gwaunza DCJGuvava JAChiweshe JA
Areas of Law
Contract LawProperty Law
Keywords
supervening impossibilitycapital gains taxagreement of saleevictionrei vindicatio
Tags
immovable propertyagreement of saleevictionsupervening impossibility
legislation
Statutes Cited
- Capital Gains Tax Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in finding the contract could not be performed due to supervening impossibility","issue_type":"mixed","dispositive":"yes","related_facts":"ZIMRA's refusal to issue CGT assessment; parties' efforts to comply"}
- {"issue_text":"Whether the court a quo erred in finding the contract had been properly cancelled","issue_type":"law","dispositive":"no","related_facts":"Respondent's return of purchase price; clause 7 of agreement"}
- {"issue_text":"Whether the court a quo erred in dismissing the counterclaim without determining the declarateur","issue_type":"procedural","dispositive":"no","related_facts":"Court's finding on supervening impossibility"}
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background
Facts of the Case
Background
The parties entered into an agreement of sale for immovable property in 2006. The respondent gave vacant possession to the appellant who paid the purchase price. Transfer could not be effected because ZIMRA refused to issue a Capital Gains Tax assessment, claiming the purchase price was too low. The respondent later returned the purchase price and sought eviction. The High Court granted eviction, finding supervening impossibility. The appellant appealed.
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