John Tranos Matukutire v Fillet Madenga and Ratidzai Matukutire T/A Global Village

HH 741-22

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Case Details

Court

Harare High Court

Date

26 October 2022

Citation

HH 741-22

Neutral Citation

[2022] ZWHH 741

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property lawContract law

Keywords

Agreement of saleCancellationPayment disputeMaterial disputes of fact

Key Issues

{"issue_text":"Whether there are material disputes of fact that cannot be resolved on papers","issue_type":"procedural","dispositive":"yes","related_facts":"Contradictory affidavits regarding payment, role of second respondent"}

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background

Facts of the Case

Background

The applicant entered into an agreement of sale with the first respondent for Stand 1258 GoodHope Township for US$45,000. The first respondent failed to make payment according to the agreement terms, leading to cancellation. The first respondent claims he paid the full purchase price to the applicant in the presence of the second respondent (applicant's wife), while the applicant denies receiving payment and claims money was paid to his wife without his authorization.

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