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Harare High Court

Sitshengisiwe Brenda Nhliziyo v Amos Sambo and CBZ Properties (Private) Limited and CBZ Bank Limited and The Registrar of Deeds - Harare

HH 448-21

Case Details

Court
Harare High Court
Date
15 September 2021
Citation
HH 448-21
Neutral Citation
[2021] ZWHH 448
Outcome
unknown
Case Type
Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawContract LawBanking Law
Keywords
Specific performanceAgreement of saleCancellationMortgage bondLetter of undertaking
Tags
Property LawContract LawSpecific Performance
legislation
Statutes Cited
  • Contractual Penalties Act
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the purported cancellation of the agreement of sale by first respondent was valid","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant paid full purchase price including letters of undertaking; First respondent failed to follow clause 12.1 procedure"}
  • {"issue_text":"Whether applicant has valid cause of action against second and third respondents","issue_type":"law","dispositive":"no","related_facts":"Second respondent guaranteed release of title deeds; Third respondent held mortgage bond over property"}
  • {"issue_text":"Whether letter of undertaking from Homelink constitutes valid payment","issue_type":"law","dispositive":"no","related_facts":"Homelink provided letter of undertaking for ZW$485,000; All parties initially accepted this arrangement"}
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background
Facts of the Case

Background

The applicant purchased immovable property from the first respondent through financing arranged by CBZ Properties and CBZ Bank. After the applicant fulfilled all conditions including payment of the purchase price, the respondents refused to transfer the property and purported to cancel the agreement. The applicant sought an order declaring the cancellation invalid and compelling specific performance.
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