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Harare High Court
Wang Enxiang v Shi Yongchun and Li Jiaqi and Number Seventeen Metallurgical Construction (Private) Limited and The Registrar of Deeds No
HH 336-2012
Case Details
Court
Harare High Court
Date
24 May 2012
Citation
HH 336-2012
Neutral Citation
[2012] ZWHH 336
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Property LawContract Law
Keywords
title deedsspecific performancesale agreementtransfer of property
Tags
property lawspecific performancetitle deeds
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there are material disputes of fact that cannot be resolved on the papers.","issue_type":"procedural","dispositive":"yes","related_facts":"Disputes regarding purchase price and possession of title deeds"}
- {"issue_text":"Whether the applicant paid the full purchase price for the stand.","issue_type":"fact","dispositive":"yes","related_facts":"Cash receipt and conflicting testimony"}
- {"issue_text":"Whether the first respondent is obligated to deliver the title deeds and facilitate transfer.","issue_type":"law","dispositive":"yes","related_facts":"Existence of valid sale agreement and payment"}
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background
Facts of the Case
Background
The applicant purchased a stand from the first respondent in April 2009 and paid the full purchase price of CHY 280,000.00. The title deeds remained with the first respondent who claimed to have borrowed them. The first respondent later claimed the purchase price was higher and that the applicant had not paid in full, leading to a dispute over specific performance for transfer of the property.
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