Timothy Tendai Myambo v Pathacres (Private) Limited

Key Issues

• {"issue_text":"Whether the parties entered into a valid agreement of sale, considering the land was undivided and lacked a subdivision permit at the time.","issue_type":"law","dispositive":"yes","related_facts":"Lack of subdivision permit at time of agreement; sale of undivided land."}
• {"issue_text":"Whether the plaintiff paid the full purchase price for the land.","issue_type":"fact","dispositive":"no (court did not need to decide this after finding the agreement invalid)","related_facts":"Payments made by plaintiff; Exhibit 4."}
• {"issue_text":"Whether the plaintiff is entitled to the declaratur and transfer of the land.","issue_type":"law","dispositive":"yes","related_facts":"Validity of the agreement; payment of purchase price."}
• {"issue_text":"Whether the defendant is entitled to evict the plaintiff and claim holding over damages.","issue_type":"law/fact","dispositive":"yes","related_facts":"Plaintiff's occupation; validity of the agreement; extent of occupation."}

Background