Jimmy Gazi v Mbalabala Properties (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the parties entered into an Agreement of Sale of certain immovable property being Lot 3 of Lot 1 of Swaite measuring 45.4835 hectares situate in the district of Umzingwane","issue_type":"mixed","dispositive":"no","related_facts":"Oral agreement in 2007, performance by plaintiff, actions by Nkala as director"}
• {"issue_text":"If agreement was indeed entered into, whether the plaintiff's claims are prescribed","issue_type":"law","dispositive":"no","related_facts":"Date of agreement, date of summons, death of Nkala"}
• {"issue_text":"If the parties did enter into the Agreement of Sale, what were the exact terms and conditions and whether the plaintiff fulfilled its side of the bargain","issue_type":"fact","dispositive":"no","related_facts":"Payments made, deliveries made, obligations performed"}
• {"issue_text":"If the Agreement was entered into in 2007, whether the Agreement was legal and enforceable","issue_type":"law","dispositive":"no","related_facts":"Regional Town and Country Planning Act, absence of subdivision permit in 2007"}
• {"issue_text":"If an Agreement was concluded which included payment of foreign currency, whether that rendered the agreement void and unenforceable","issue_type":"law","dispositive":"no","related_facts":"GBP 2000 payment, ZAR 30000 payment, Exchange Control Regulations"}
• {"issue_text":"Whether the plaintiff is entitled to transfer of the disputed property","issue_type":"mixed","dispositive":"no","related_facts":"All above facts and legal issues"}

Background