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Harare High Court
Nighert Savania and Norwich Trading (Pvt) Limited v Nathan Mnaba
HH 332-13
Case Details
Court
Harare High Court
Date
9 October 2013
Citation
HH 332-13
Neutral Citation
[2013] ZWHH 332
Outcome
unknown
Case Type
Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Contract LawProperty Law
Keywords
Contractual Penalties ActRouwkoop clauseForfeitureDispute of factApplication procedure
Tags
Contractual penaltySale of sharesRouwkoopEviction
legislation
Statutes Cited
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether serious disputes of fact exist requiring trial rather than application procedure","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over proportionality of penalty, quantum of damages, forfeiture amount"}
- {"issue_text":"Whether the penalty stipulation allowing forfeiture of US$250,000 is out of proportion to prejudice suffered","issue_type":"mixed","dispositive":"no","related_facts":"Respondent paid majority of purchase price, no evidence of applicant's prejudice"}
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background
Facts of the Case
Background
The first applicant sold his entire shareholding in Norwich Trading (Pvt) Limited to the respondent for US$380,000. The respondent paid US$273,800 but failed to pay the balance of US$130,000. The applicant cancelled the agreement and sought forfeiture of US$250,000 as rouwkoop and eviction of the respondent from the property.
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