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Harare High Court
Jane Bester Phiri v Patson Nawasha
HH 20-12
Case Details
Court
Harare High Court
Date
23 November 2011
Citation
HH 20-12
Neutral Citation
[2012] ZWHH 20
Outcome
unknown
Case Type
Application
Bench
Presiding
Mutema J
Full Bench
Mutema J
Areas of Law
Property lawContract lawSpecific performance
Keywords
Sale of immovable propertyDeceased estateSpecific performanceBreach of contractAgent liabilityGuarantor
Tags
Specific performanceContract of saleDeceased estateProperty transfer
legislation
Statutes Cited
- N
- o
- n
- e
- c
- i
- t
- e
- d
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent can be sued alone without joining the principal seller","issue_type":"law","dispositive":"yes","related_facts":"Clause 11 of agreement making respondent guarantor and surety; respondent's conduct in retaining purchase price and undertaking to provide alternative house"}
- {"issue_text":"Whether applicant is entitled to specific performance","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant paid full purchase price; respondent failed to deliver property; respondent failed to provide alternative house as undertaken"}
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background
Facts of the Case
Background
The applicant paid the full purchase price for a house in a deceased estate sold by the respondent acting as agent and guarantor. The respondent failed to transfer the property and later undertook to provide an alternative house within 14 days but failed to do so. The applicant sought an order for specific performance.
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