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Harare High Court

Tony Tatenda Mashava v Shaw Cecile Masuka and The Registrar of Deeds

HH 707-18

Case Details

Court
Harare High Court
Date
31 October 2018
Citation
HH 707-18
Neutral Citation
[2018] ZWHH 707
Outcome
unknown
Case Type
Application

Bench

Presiding
Chirawu-Mugomba J
Full Bench
Chirawu-Mugomba J
Areas of Law
Contract LawProperty Law
Keywords
mortgage bondconveyancingclause 14condition precedentspecific performance
Tags
contract lawproperty transferspecific performance
legislation
Statutes Cited
  • None identified
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether clause 14 of the agreement of sale was breached and whether the agreement became null and void","issue_type":"mixed","dispositive":"yes","related_facts":"Time periods for mortgage approval, extensions granted, payments made"}
  • {"issue_text":"Whether the applicant is entitled to specific performance","issue_type":"law","dispositive":"yes","related_facts":"Breach of contract by first respondent"}
  • {"issue_text":"Whether the applicant can change conveyancers to his own legal practitioners","issue_type":"law","dispositive":"no","related_facts":"Mupindu and Associates already engaged, fees paid"}
  • {"issue_text":"Whether preliminary points raised by respondent have merit","issue_type":"procedural","dispositive":"no","related_facts":"Misjoinder, no cause of action, material disputes of fact"}
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background
Facts of the Case

Background

The applicant entered into an agreement of sale with the first respondent for an undivided share in a property, with payment to be made via a mortgage bond. The applicant secured the mortgage finance but the first respondent refused to cooperate with the transfer, claiming the agreement had become null and void due to breach of a time condition in clause 14. The applicant sought an order for specific performance.
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