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Harare High Court
Safe Drive Motors (Private) Limited v City of Harare and Another and Tendai Macgerald Madziwanyika
HH 76-23
Case Details
Court
Harare High Court
Date
31 January 2023
Citation
HH 76-23
Neutral Citation
[2023] ZWHH 76
Judgment No.
HH 76/23
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Property lawContract law
Keywords
Specific performanceAgreement of saleProperty transferCounter offer
Tags
Specific performanceAgreement of saleProperty transfer
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a valid agreement of sale existed between the applicant and first respondent","issue_type":"mixed","dispositive":"yes","related_facts":"The 26 August 2016 letter, failure to accept within seven days, no signed agreement"}
- {"issue_text":"Whether the applicant is entitled to specific performance","issue_type":"law","dispositive":"no","related_facts":"Absence of valid agreement, property already sold to third respondent"}
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background
Facts of the Case
Background
The applicant sought an order compelling the City of Harare to transfer property to it based on an alleged agreement of sale. The court found that no valid agreement existed as the applicant failed to accept the conditions set out in the respondent's offer letter, and the property had already been sold to the third respondent.
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