Marvelous Masiya v Simon Chikunguwo & Anor (N.O) & Anor

HH 696-22

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Case Details

Court

Harare High Court

Date

12 October 2022

Citation

HH 696-22

Neutral Citation

[2022] ZWHH 696

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property LawContract LawBanking Law

Keywords

agreement of saleloan agreementsimulationBanking Actvoid contract

Key Issues

{"issue_text":"Whether the agreement between parties was a genuine sale or a simulated transaction disguising an illegal loan","issue_type":"mixed","dispositive":"yes","related_facts":"Execution of sale documents, payment patterns, lack of evidence of purchase price payment"}
{"issue_text":"Whether the contract violated Section 5 of the Banking Act","issue_type":"law","dispositive":"yes","related_facts":"Allegation of loan sharking, extending credit without banking license"}

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background

Facts of the Case

Background

Applicant sought an order compelling first respondent to transfer immovable property alleging a sale agreement for USD 50,000. First respondent contended the transaction was a loan of USD 14,000 at 20% monthly interest disguised as a sale to circumvent banking laws.

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