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Harare High Court
James Campion Mutetwa v Barrie James Clarke Dixon and Marko Mavhurune N.O. and Kenias Mutyasira N.O. and The Registrar of Deeds
HH 67-2010
Case Details
Court
Harare High Court
Date
14 April 2010
Citation
HH 67-2010
Neutral Citation
[2010] ZWHH 67
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Property LawContract Law
Keywords
specific performancedouble salebreach of contractimmovable propertyforeign currencycontract variation
Tags
specific performancedouble salecontract breachimmovable property
legislation
Statutes Cited
- Exchange Control regulations (unspecified)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant is entitled to specific performance of the sale agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's failure to pay within stipulated period, subsequent sale to others"}
- {"issue_text":"Whether the written agreement was valid and binding","issue_type":"law","dispositive":"no","related_facts":"Parties' immediate variation of terms, failure to comply with written terms"}
- {"issue_text":"Whether second and third respondents had locus standi","issue_type":"procedural","dispositive":"no","related_facts":"Their interest as executors of deceased purchasers"}
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background
Facts of the Case
Background
The applicant sought specific performance of a property sale agreement after failing to pay the purchase price within the stipulated period. The property was subsequently sold to other purchasers. The court found the applicant in breach and refused specific performance.
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