Vimbai Mukaro v Amalgamated Health Services (Pvt) Ltd t/a Mortacamp Investments (Pvt) Ltd

HH 558-24

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Case Details

Court

Harare High Court

Date

26 November 2024

Citation

HH 558-24

Neutral Citation

[2024] ZWHH 558

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Property LawContract LawPrescription Law

Keywords

special pleaprescriptionexceptionspecific performanceproperty transferdamages

Key Issues

{"issue_text":"Whether the plaintiffs' claims have prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Date of cause of action, date of summons, letter of 2018"}
{"issue_text":"Whether the plaintiffs' pleadings are vague and embarrassing","issue_type":"procedural","dispositive":"no","related_facts":"The alternative claim for damages in USD"}
{"issue_text":"When did the cause of action arise","issue_type":"mixed","dispositive":"yes","related_facts":"Conditions precedent in agreements, payment of purchase price"}

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background

Facts of the Case

Background

The plaintiffs sought transfer of property stands they had purchased from the defendant in 2002, having paid the purchase price in full. The defendant failed to transfer the properties. The plaintiffs issued summons in 2021. The defendant raised a special plea of prescription, arguing the claim arose in 2002 and had prescribed after three years. The court found the claim had not prescribed as conditions precedent for transfer had not been met in 2002.

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