Thakor Ranchod Kewada (N.O) v United Harvest (Pvt) Ltd and The Master of the High Court (N.O)

HH 734-22

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Case Details

Court

Harare High Court

Date

13 September 2022

Citation

HH 734-22

Neutral Citation

[2022] ZWHH 734

Outcome

unknown

Case Type

Application

Bench

Presiding

Chirawu-Mugomba J

Full Bench

Chirawu-Mugomba J

Areas of Law

Contract LawProperty LawDeceased Estates

Keywords

agreement of salebreach of contractcancellationnovationvariationinstalment payment

Key Issues

{"issue_text":"Whether the agreement of sale was novated or merely varied","issue_type":"law","dispositive":"yes","related_facts":"Payment restructuring agreed on 16 March 2021"}
{"issue_text":"Whether the applicant was entitled to cancel the agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Breach of payment terms, notice given"}
{"issue_text":"Whether the first respondent is entitled to refund of payments made","issue_type":"law","dispositive":"no","related_facts":"Payments totalling US$200,955.49 made"}

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background

Facts of the Case

Background

The applicant, as executor of the late John Vigo Naested's estate, sought cancellation of an agreement of sale and ejectment of the first respondent from a property. The first respondent had entered into an agreement to purchase the property for US$400,000 payable in instalments but failed to complete payment. After several payment restructuring proposals and breaches, the applicant cancelled the agreement.

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