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Harare High Court
Wayne Swift v Calvin Shanne West and Mercilyn Masilina Mugadza
HH 211-17
Case Details
Court
Harare High Court
Date
29 March 2017
Citation
HH 211-17
Neutral Citation
[2017] ZWHH 211
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Contract LawProperty Law
Keywords
sale of propertypurchase pricecancellationmoraillegalityexchange control
Tags
sale agreementcancellationproperty law
legislation
Statutes Cited
- Exchange Control Act [Chapter 22:05]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the agreement of sale was tainted with illegality under exchange control regulations","issue_type":"law","dispositive":"yes","related_facts":"Payment in US dollars, applicant's residence status, exchange control authority"}
- {"issue_text":"Whether the second respondent was validly placed in mora","issue_type":"law","dispositive":"yes","related_facts":"Demands made, responses from second respondent, correspondence exchanged"}
- {"issue_text":"Whether the applicant validly cancelled the agreement","issue_type":"law","dispositive":"yes","related_facts":"Notice of cancellation, compliance with mora requirements"}
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background
Facts of the Case
Background
The applicant sold a property to the respondents for US$120,000, with US$80,000 paid and a balance of US$40,000 remaining. After the respondents failed to pay the balance despite demands, the applicant cancelled the agreement and sought court confirmation. The second respondent opposed, arguing the contract was illegal due to exchange control violations and that she was never in mora.
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