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Harare High Court
Samuel Makumbe v M V Mooljee & Sons (Pvt) Ltd & 3 Ors
HH 515-18
Case Details
Court
Harare High Court
Date
22 August 2018
Citation
HH 515-18
Neutral Citation
[2018] ZWHH 515
Outcome
unknown
Case Type
Special Plea
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Property lawContract lawCivil procedure
Keywords
PrescriptionProperty transferAgreement of saleService of processDefault judgment
Tags
Property transferPrescriptionSpecial pleaContract validity
legislation
Statutes Cited
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim is prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Cause of action arose 1 June 2012, summons issued 19 March 2015"}
- {"issue_text":"Whether prescription was interrupted by prior litigation","issue_type":"procedural","dispositive":"yes","related_facts":"HC 2518/15 summons not properly served, judgment rescinded"}
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background
Facts of the Case
Background
Plaintiff claimed transfer of property based on alleged sale agreement dated 25 October 2011. First defendant denied authorising sale and raised prescription. Court found claim prescribed as cause of action arose 1 June 2012 when purchase price paid, and no valid interruption of prescription occurred.
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