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Harare High Court
Lucia Munyanyi v Liminary Investments and Israel Gumunyu N.O.
HH-38-2010
Case Details
Court
Harare High Court
Date
24 February 2010
Citation
HH-38-2010
Neutral Citation
[2010] ZWHH 38
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Contract LawProperty Law
Keywords
agreement of salevariation of contractoccupation prior to transferquasi-mutual assenteviction
Tags
contract variationproperty saleevictionoccupation
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant is bound by her act of allowing the first respondent to take occupation prior to transfer","issue_type":"law","dispositive":"yes","related_facts":"Applicant allowed occupation before transfer despite contract stating occupation upon transfer"}
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background
Facts of the Case
Background
The applicant sold immovable property to the first respondent with payment terms delegated to Dr Mushonga. The applicant allowed early occupation before full payment, but after Dr Mushonga's death and non-payment of the balance, sought eviction. The court found the early occupation constituted a binding variation of the contract.
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