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Harare High Court
UNITED APPIARIES (PRIVATE) LIMITED v PENTECOSTAL FELLOWSHIP CHURCH and REGISTRAR OF DEEDS
HH 172-13
Case Details
Court
Harare High Court
Date
30 May 2013
Citation
HH 172-13
Neutral Citation
[2013] ZWHH 172
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAFUSIRE J
Full Bench
MAFUSIRE J
Areas of Law
Contract LawProperty Law
Keywords
waiver of rightsspecific performanceinstalment salecancellation of contractbreach of contract
Tags
waiverspecific performancecontractsale agreement
legislation
Statutes Cited
- [No specific statutes cited in the judgment]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff paid the full purchase price within the stipulated time.","issue_type":"fact","dispositive":"yes","related_facts":"Payment history, bank documents, receipts, defendant's admission of receiving $503,100"}
- {"issue_text":"Whether the defendant waived its right to cancel the agreement by accepting payments after the purported cancellation.","issue_type":"law","dispositive":"yes","related_facts":"Acceptance of $240,000, $137,000, and $68,000 payments; defendant's conduct; lack of refund"}
- {"issue_text":"Whether the defendant complied with the contractual breach clause (31 days' notice) before cancelling.","issue_type":"law","dispositive":"yes","related_facts":"Absence of written notice"}
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background
Facts of the Case
Background
The plaintiff purchased a property from the defendant under an instalment sale agreement. The defendant purported to cancel the agreement due to reduced monthly payments, but subsequently accepted further payments from the plaintiff. The plaintiff claimed the defendant had waived its right to cancel and sought specific performance.
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