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Bulawayo High Court
Samson Ndhlela Makhanda v Margaret Ncube & 2 Ors
HB 12/24
Case Details
Court
Bulawayo High Court
Date
15 February 2024
Citation
HB 12/24
Neutral Citation
[2024] ZWHB 12
Outcome
unknown
Case Type
Trial
Bench
Presiding
Ndlovu J
Full Bench
Ndlovu J
Areas of Law
Property lawContract law
Keywords
CessionAgreement of saleCancellationOccupational damagesEviction
Tags
Property transferCession of rightsCancellation of sale agreementOccupational damages
legislation
Statutes Cited
- No statutes were expressly cited or interpreted in this judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff properly cancelled the agreement of sale with 2nd defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment of balance for over 3 years, cancellation letter dated 18 September 2013"}
- {"issue_text":"Whether plaintiff has rights to evict 2nd defendant and claim occupational damages","issue_type":"mixed","dispositive":"yes","related_facts":"Cancellation of agreement, 2nd defendant remaining in occupation"}
- {"issue_text":"Whether 2nd defendant acquired valid rights through 3rd defendant","issue_type":"law","dispositive":"no","related_facts":"Alleged lease with option to purchase from 3rd defendant"}
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background
Facts of the Case
Background
The plaintiff purchased property from 1st defendant in 2003, then sold it to 2nd defendant in 2009 for ZAR60,000 with ZAR30,000 deposit paid. After 2nd defendant failed to pay the balance for over 3 years, plaintiff cancelled the agreement in 2013. The 2nd defendant remained in occupation, leading to this litigation seeking eviction and occupational damages.
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