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Harare High Court
Morgen Mufowo v Naboth Munyengera & Anor and The Director of Housing, City of Harare
HH 266-17
Case Details
Court
Harare High Court
Date
26 April 2017
Citation
HH 266-17
Neutral Citation
[2017] ZWHH 266
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Contract LawProperty Law
Keywords
Specific performanceReciprocal contractBreachCancellationDeposit payment
Tags
Specific performanceContract of saleBreach of contractCancellation
legislation
Statutes Cited
- No statutes were cited or interpreted in this judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant complied with reciprocal obligations by paying the deposit","issue_type":"mixed","dispositive":"yes","related_facts":"Payment deadline of 15 January 2016, lack of attached proof of payment"}
- {"issue_text":"Whether the agreement was validly cancelled under clause 19","issue_type":"law","dispositive":"yes","related_facts":"Clause 19 allows cancellation without notice for failure to pay deposit"}
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background
Facts of the Case
Background
The applicant sought specific performance of an agreement of sale for immovable property. The respondents cancelled the agreement alleging the applicant failed to pay the required deposit by the stipulated date. The applicant claimed he paid the deposit and that the cancellation was invalid.
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