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Harare High Court
Samuel Chiwomba v Julitta Helen Mhundwa
HH 659-17
Case Details
Court
Harare High Court
Date
27 September 2017
Citation
HH 659-17
Neutral Citation
[2017] ZWHH 659
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE JNDEWERE J
Areas of Law
Property LawContract Law
Keywords
Agreement of SaleBreachOccupationRentalsDamagesCosts
Tags
Agreement of SaleBreach of ContractDamagesUnlawful Occupation
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Was the appellant in breach of the agreement of sale?","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to pay balance by due date; taking occupation before full payment"}
- {"issue_text":"Was the rental rate of $350 per month justified?","issue_type":"fact","dispositive":"no","related_facts":"Evidence of $50 per room per month for 7 rooms"}
- {"issue_text":"Did the appellant take occupation lawfully?","issue_type":"mixed","dispositive":"no","related_facts":"Occupation before full payment; eviction of tenants"}
- {"issue_text":"Was the award of costs on attorney-client scale justified?","issue_type":"law","dispositive":"no","related_facts":"Appellant's intransigence and lack of bona fide defense"}
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background
Facts of the Case
Background
The appellant purchased a property from the respondent for $15,000, paid $13,000 deposit, failed to pay the $2,000 balance by 30 June 2012, took occupation without consent, and refused to pay rentals. The respondent claimed the balance and rentals. The appellant admitted owing $2,500 but contested the rental claim. The lower court granted judgment for the respondent, leading to this appeal.
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