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Harare High Court
Jerome Okeke v M Duro and Company (Private) Limited
[2006] ZWHH 71
Case Details
Court
Harare High Court
Date
21 June 2006
Citation
[2006] ZWHH 71
Judgment No.
HH 71-2006
Outcome
unknown
Case Type
Trial
Bench
Presiding
Makarau J
Full Bench
Makarau J
Areas of Law
Property lawContract law
Keywords
Share certificateCessionConditional saleHomeowners associationForeign national
Tags
Share certificate propertyCession of rightsBreach of contractXenophobia
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant breached the sale agreement by selling the property to a third party after the association refused to issue a certificate to the plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Association's refusal to issue certificate; defendant's subsequent sale to third party"}
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background
Facts of the Case
Background
The plaintiff, a Nigerian national resident in Zimbabwe, purchased the right to occupy Flat 11 Cranford Court through a written agreement with the defendant. The property was held under a share certificate system administered by the Cranford Court Home Owners Association. After the plaintiff paid the purchase price, the association refused to issue a certificate in his name, citing xenophobic reasons, leading the defendant to cancel the sale and sell to a Zimbabwean buyer. The plaintiff sued for breach of contract claiming $7.5 billion in damages.
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