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Harare High Court
Sibongile Kaziboni v Champion Construction (Private) Limited
HH 73-2013
Case Details
Court
Harare High Court
Date
13 March 2013
Citation
HH 73-2013
Neutral Citation
[2013] ZWHH 73
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Property lawContract law
Keywords
Specific performanceConstruction agreementBreachDepositPurchase priceFragile building materials
Tags
Specific performanceAgreement of saleConstruction contractBreach of contract
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff paid the deposit and purchase price in full","issue_type":"fact","dispositive":"yes","related_facts":"Payment timeline, amounts paid, contractual terms"}
- {"issue_text":"Whether the plaintiff has failed to pay the interest due on the purchase price","issue_type":"fact","dispositive":"yes","related_facts":"Interest clause at 120% per annum, payments made, extra payment of $3.2 million"}
- {"issue_text":"Whether the plaintiff has an obligation in terms of the agreement to supply the fragile building materials listed in clause 2(viii)","issue_type":"mixed","dispositive":"yes","related_facts":"Clause 2(viii) wording, parties' conduct, negotiations over fragile materials"}
- {"issue_text":"Whether there is a shortage of cement and if so, whether such shortage constitutes a supervening impossibility","issue_type":"law","dispositive":"no","related_facts":"Defendant's evidence on cement shortage, completion of other cement works"}
- {"issue_text":"Whether the plaintiff is entitled to the relief claimed","issue_type":"mixed","dispositive":"yes","related_facts":"All above issues, contractual breaches, completion status"}
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background
Facts of the Case
Background
Plaintiff sued defendant construction company for specific performance to complete house construction and transfer property. Defendant alleged plaintiff breached payment terms and failed to supply fragile building materials. Court found plaintiff paid purchase price and interest, but must supply fragile materials for completion.
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