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Harare High Court
Nicholas Van Hoogstraten v Felistas Runyararo James and The Sheriff for Zimbabwe and The Chief Registrar of Deeds
HH 272-2010
Case Details
Court
Harare High Court
Date
8 December 2010
Citation
HH 272-2010
Neutral Citation
[2010] ZWHH 272
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Property LawCivil Procedure
Keywords
sale in executionsummary judgmentspecific performancepayment by chequeres judicata
Tags
sale in executionspecific performancesummary judgmentproperty transfer
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether summary judgment can be granted for unliquidated damages","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant claimed $1000 damages in summons, $1 in summary judgment application"}
- {"issue_text":"Whether applicant paid the purchase price for the property","issue_type":"factual","dispositive":"yes","related_facts":"Applicant tendered cheque which was never deposited and became stale"}
- {"issue_text":"Whether the defence raises triable issues","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent disputes payment and validity of sale"}
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background
Facts of the Case
Background
The applicant purchased property at a sale in execution in August 2005. The first respondent objected to the sale, but her objections were dismissed by both the High Court and Supreme Court. In 2009, the Sheriff advised the applicant that the sale had been aborted as the creditor had been paid in full and returned the applicant's cheque as stale. The applicant then instituted proceedings for specific performance and summary judgment.
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