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Harare High Court
SALTANA ENTERPRISES (PVT) LTD v NGONI TAKUNDWA and NY EMWERAYI M ASENDA
HH 143-17
Case Details
Court
Harare High Court
Date
8 March 2017
Citation
HH 143-17
Neutral Citation
[2017] ZWHH 143
Outcome
unknown
Case Type
Application
Bench
Presiding
Mushore J
Full Bench
Mushore J
Areas of Law
Property LawContract LawPrescription
Keywords
evictionprescriptioninstalment salebreachcancellationContractual Penalties Act
Tags
evictionprescriptionagreement of salebreach of contract
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Contractual Penalties Act
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim for eviction had prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Claim filed 1 November 2016, 60-month payment period ended February 2007"}
- {"issue_text":"Whether plaintiff followed proper cancellation procedures under Contractual Penalties Act","issue_type":"procedural","dispositive":"no","related_facts":"No evidence of written notice served on defendants"}
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background
Facts of the Case
Background
Plaintiff sought eviction of defendants from property sold under instalment agreement dated 11 February 2002. Defendants paid deposit and some instalments but stopped paying. Plaintiff sold property to third parties without cancelling agreement. Defendants raised prescription as defence.
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