Royale Properties (Private) Limited v Municipality of Kariba and The Sheriff of Zimbabwe

HH 81-2013

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Case Details

Court

Harare High Court

Date

15 March 2013

Citation

HH 81-2013

Neutral Citation

[2013] ZWHH 81

Outcome

unknown

Case Type

Application

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Contract LawMunicipal LawProperty Law

Keywords

Contract FormationMunicipal Land SaleRatificationSuspensive Condition

Key Issues

{"issue_text":"Whether the meeting of 3 February 2011 constituted a full council meeting capable of ratifying the tentative agreement","issue_type":"procedural","dispositive":"yes","related_facts":"Minutes of 3 February 2011 meeting, attendance of 7 councillors and 7 officials"}
{"issue_text":"Whether a binding contract for sale of land was concluded between the parties","issue_type":"mixed","dispositive":"yes","related_facts":"Tentative agreement of 5 July 2010, failure to ratify, compliance with s 152(2) Urban Councils Act"}

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Facts of the Case

Background

The applicant sought to purchase land from the first respondent municipality. After negotiations, a tentative agreement was reached on 5 July 2010 for sale of 1,000,000 square metres at US$1.05 per square metre, subject to council ratification. A meeting held on 3 February 2011 did not constitute a formal council meeting and no ratification occurred. The municipality failed to hold the required special council meeting and ultimately declined to ratify the agreement.

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