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Harare High Court

Wellington Magaya v Mazvel Investments (Pvt) Ltd and Infrastructure Development Bank of Zimbabwe

HH755/22

Case Details

Court
Harare High Court
Date
26 October 2022
Citation
HH755/22
Neutral Citation
[2022] ZWHH 755
Outcome
unknown
Case Type
Application

Bench

Presiding
NDLOVU J
Full Bench
NDLOVU J
Areas of Law
Contract LawProperty Law
Keywords
agreement of saledeclaraturspecific performancedepositinvitation to treat
Tags
contract lawsale of landspecific performance
legislation
Statutes Cited
  • Contractual Penalties Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the parties entered into an agreement of sale of Stand No. 815 Sumben Township, Mount Pleasant, Harare in 2017","issue_type":"mixed","dispositive":"yes","related_facts":"All facts regarding the 2017 advertisement, email communications, deposit, and subsequent conduct"}
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background
Facts of the Case

Background

The applicant responded to a 2017 advertisement by the respondents for the sale of residential stands. He deposited US$9000 into a Homesaver account and completed an application form as instructed. The respondents later offered different terms in 2020, which the applicant rejected, claiming a binding agreement existed from 2017. The respondents argued no contract was concluded as the stand was not identified and no written agreement was signed.
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