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Harare High Court

Grace Mabodza and 15 Others v Steward Bank Limited and Registrar of Deeds N.O and Sheriff of Zimbabwe N.O

HH 46-23

Case Details

Court
Harare High Court
Date
25 January 2023
Citation
HH 46-23
Neutral Citation
[2023] ZWHH 46
Outcome
unknown
Case Type
Trial

Bench

Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Contract lawProperty lawBanking law
Keywords
Mortgage facilityAgreement of saleContract cancellationSupervening impossibilityTransfer of property
Tags
Mortgage agreementsSale agreementsContract terminationSupervening impossibility
legislation
Statutes Cited
  • High Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether plaintiffs have a cause of action against the first defendant","issue_type":"law","dispositive":"no","related_facts":"Existence of agreements, bank's actions in crediting/debiting accounts"}
  • {"issue_text":"Whether first defendant validly cancelled mortgage facilities","issue_type":"law","dispositive":"yes","related_facts":"Termination letters dated 2 June 2020, no breach alleged"}
  • {"issue_text":"Whether first defendant validly cancelled agreements of sale","issue_type":"law","dispositive":"yes","related_facts":"Same termination letters, supervening impossibility claimed"}
  • {"issue_text":"Whether first defendant should disburse remaining funds","issue_type":"mixed","dispositive":"no","related_facts":"Mortgage facilities, column 3 amounts"}
  • {"issue_text":"What remedies are available to plaintiffs","issue_type":"law","dispositive":"yes","related_facts":"Invalid termination, completed housing units"}
  • {"issue_text":"Whether costs should be on attorney-client scale","issue_type":"procedural","dispositive":"no","related_facts":"Bank's conduct in terminating without breach"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiffs entered into agreements of sale and mortgage facilities with Steward Bank Limited for purchase of immovable properties between September and November 2018. The bank terminated both agreements in June 2020 citing economic difficulties, without alleging any breach by plaintiffs. The plaintiffs challenged the termination and sought specific performance.
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