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Bulawayo High Court
Hawkflight Enterprises (Pvt) Ltd v Jane Mawurukira
HB 50/25
Case Details
Court
Bulawayo High Court
Date
4 April 2025
Citation
HB 50/25
Neutral Citation
[2025] ZWHB 50
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MUTEVEDZI J
Full Bench
MUTEVEDZI JCHIVAYO J
Areas of Law
Property LawContract LawStatutory Compliance
Keywords
Agreement of SaleSubdivision PermitCancellation of ContractRegional Town and Country Planning Act
Tags
Property LawContract LawReal Estate
legislation
Statutes Cited
- Regional, Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in dismissing the matter on a point of law which was not pleaded","issue_type":"procedural","dispositive":"no","related_facts":"Court raised illegality issue suo motu"}
- {"issue_text":"Whether a subdivision permit existed at the time the agreement of sale was concluded","issue_type":"mixed","dispositive":"yes","related_facts":"Permit reference BYO/METRO/04/10 indicates 2010 issuance"}
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background
Facts of the Case
Background
Appellant company sold immovable property to respondent under agreement of sale dated 2011. Respondent fell into arrears of US$22,950. Appellant sought cancellation of agreement and ejectment. Magistrates Court dismissed claim holding agreement illegal for want of subdivision permit. High Court on appeal found subdivision permit existed since 2010.
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