Juliana Dube (nee Kunyarimwe) and Jonathan Kunyarimwe v Freddy Chimbari N.O. and Master of the High Court N.O. and Tendai Phineas Nyagwande and Edna Zivai Nyagwande

Key Issues

• {"issue_text":"Whether the applicants have the right of first refusal to purchase the property","issue_type":"mixed","dispositive":"yes","related_facts":"Meeting of 15 August 2016, subsequent sale to third parties"}
• {"issue_text":"Whether the applicants have the option agreement to buy the property","issue_type":"mixed","dispositive":"yes","related_facts":"Terms discussed at meeting, time limits given"}
• {"issue_text":"If applicants have right of first refusal, if there was tacit fulfilment","issue_type":"law","dispositive":"no","related_facts":"Applicants' failure to act within time limits"}
• {"issue_text":"Whether the agreement of sale of the property between first, third and fourth respondents should be declared null and void","issue_type":"law","dispositive":"yes","related_facts":"Alleged breach of right of first refusal"}
• {"issue_text":"Whether the transfer of ownership of the property to third and fourth respondents should be set aside","issue_type":"law","dispositive":"yes","related_facts":"Transfer occurred after breach"}

Background