Contract cancellationMaterial dispute of factMotor vehicle saleSpecific performance
Tags
Contract lawSpecific performanceMotor vehicle sale
legislation
Statutes Cited
High Court Rules, 1979
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether there is a material dispute of fact that cannot be resolved on the papers","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's claim of verbal cancellation, failure to provide details"}
{"issue_text":"Whether the contracts were cancelled with the consent of applicants","issue_type":"fact","dispositive":"yes","related_facts":"No evidence of communication of cancellation, no supporting affidavit"}
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background
Facts of the Case
Background
Two former employees of the Institute of Chartered Accountants of Zimbabwe entered into written agreements to purchase motor vehicles through monthly salary deductions. After one instalment was deducted in March 2010, no further deductions were made. More than a year later, after leaving employment, the applicants attempted to pay the outstanding balances and take ownership, but the respondent refused claiming the contracts had been cancelled with their consent.
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