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Harare High Court
Streamspace Incorporated (Pvt) Ltd v Hayes Construction (Pvt) Ltd & 5 Ors
HH 94-24
Case Details
Court
Harare High Court
Date
5 March 2024
Citation
HH 94-24
Neutral Citation
[2024] ZWHH 94
Outcome
unknown
Case Type
Application
Bench
Presiding
Chilimbe J
Full Bench
Chilimbe J
Areas of Law
Property lawContract law
Keywords
sale of landcession of rightsnon-existent propertymistakeconsensus ad idemmaterial dispute of fact
Tags
property lawcontract lawmistakecession of rightssale of land
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether contracts void for lack of identifiable merx or common mistake","issue_type":"mixed","dispositive":"no","related_facts":"Stands not identifiable in official records; parties signed agreements describing non-existent property"}
- {"issue_text":"Whether material dispute of fact exists precluding relief on application proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Parties irreconcilably dispute existence, location, ownership and zoning of stands"}
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background
Facts of the Case
Background
Applicant property developer paid US$210,000 to first respondent for two stands allegedly situate in Mazowe Township. Agreements styled as “sale of land” but in reality cession of lease-with-option rights from Mazowe RDC. After occupation attempts blocked by police claiming land belongs to third respondent, applicant discovered stands possibly non-existent, on State land, wrongly zoned, and not transferable. Applicant seeks declaration contracts void and refund.
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