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Chinhoyi High Court
Tinashe Mangena and Ndenda Asidi v Marvellous Shumba and Arkrite Holdings (Pvt) Ltd and Registrar of Deeds N.O. and The Sheriff of the High Court N.O.
HCC 57/25
Case Details
Court
Chinhoyi High Court
Date
15 September 2025
Citation
HCC 57/25
Neutral Citation
[2025] ZWHCC 57
Outcome
unknown
Case Type
Application
Bench
Presiding
BACHI MZAWAZI J
Full Bench
BACHI MZAWAZI J
Areas of Law
Contract LawProperty LawCivil Procedure
Keywords
specific performancerepudiationcancellationinstalment sale agreementtransfer of title
Tags
immovable propertyinstalment salespecific performancecontract law
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the relief of specific performance is available to the applicants given the provisions of clause 9 of the parties' agreement of sale","issue_type":"law","dispositive":"yes","related_facts":"All facts regarding the contract, payment, repudiation, and clause 9"}
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background
Facts of the Case
Background
The applicants entered into an instalment sale agreement with the 1st respondent for a property, paid the full purchase price, and were given vacant possession. The 1st respondent, who represents the 2nd respondent, repudiated the contract at the final stage of transfer, citing clause 9 of the agreement which allows for refund upon failure to effect transfer. The applicants rejected the repudiation and sought specific performance.
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