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Harare High Court
Paul Chioniso Mawacha and Cecilia Mawacha v Sterby Nhamo and Innocent Nhamo and Director of Housing and Community Services – City of Harare
HH 38-2012
Case Details
Court
Harare High Court
Date
2 February 2012
Citation
HH 38-2012
Neutral Citation
[2012] ZWHH 38
Outcome
unknown
Case Type
Trial
Bench
Presiding
KUDYA J
Full Bench
KUDYA J
Areas of Law
Property LawContract LawExchange Control Law
Keywords
Property saleCessionExchange controlIllegalityIn pari delicto
Tags
Property disputeContract of saleCessionEviction
legislation
Statutes Cited
- Exchange Control Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether parties concluded a valid contract of sale","issue_type":"law","dispositive":"yes","related_facts":"Agreement concluded, price agreed, parties competent"}
- {"issue_text":"Whether contract is vitiated by ridiculously low price","issue_type":"fact","dispositive":"yes","related_facts":"Market prices, plaintiffs' sophistication, negotiation process"}
- {"issue_text":"Whether payment in foreign currency was illegal and nullified contract","issue_type":"law","dispositive":"yes","related_facts":"Exchange control regulations, source of foreign currency"}
- {"issue_text":"Whether in pari delicto rule applies and what remedy is appropriate","issue_type":"law","dispositive":"yes","related_facts":"Illegal payment, performance of contract, relative positions"}
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background
Facts of the Case
Background
Plaintiffs (husband and wife) sold their property rights to second defendant for $5 billion, with part payment in South African rands. They later sought to cancel the cession claiming the price was too low and payment in foreign currency was illegal. Second defendant counterclaimed for eviction.
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