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Harare High Court
M Chandavengerwa and T Chandavengerwa v W.M. Mutanda and Messrs Robinson & Makonyere
HH 154-10
Case Details
Court
Harare High Court
Date
21 July 2010
Citation
HH 154-10
Neutral Citation
[2010] ZWHH 154
Outcome
unknown
Case Type
Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Property LawContract LawCivil Procedure
Keywords
prescriptionres judicatabreach of contractspecific performancedamagescontract of saleimmovable property
Tags
prescriptionres judicatabreach of contractspecific performancedamages
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiffs' claim for damages had prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Cause of action arose in 2003; summons issued 2004-09-09; Supreme Court dismissed appeal 2006-06-19"}
- {"issue_text":"Whether the plea of res judicata applies","issue_type":"procedural","dispositive":"no","related_facts":"Same parties; same subject matter; same cause of action previously determined"}
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background
Facts of the Case
Background
Plaintiffs, husband and wife, originally claimed specific performance for transfer of immovable property. After losing in both High Court and Supreme Court, they instituted fresh action claiming damages for breach of contract. Defendants raised special pleas of prescription and res judicata.
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