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Harare High Court

ZANDILE ZIBWOWA versus SAMUEL NJOVANA and EUNICE NJOVANA and REGISTRAR OF DEEDS

HH 375-21

Case Details

Court
Harare High Court
Date
14 July 2021
Citation
HH 375-21
Neutral Citation
[2021] ZWHH 375
Outcome
unknown
Case Type
Application

Bench

Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Contract LawProperty Law
Keywords
purchase and salemerxconveyancingspecific performancetransfer of title
Tags
specific performancecontract of saletransfer of immovable property
legislation
Statutes Cited
  • N/A
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant is entitled to an order for specific performance compelling the respondents to transfer the property into her name.","issue_type":"law","dispositive":"yes","related_facts":"Existence of contract, full payment of purchase price and conveyancing fees, failure to transfer property."}
  • {"issue_text":"Whether the respondents have valid grounds for refusing or delaying the transfer of the property.","issue_type":"law","dispositive":"yes","related_facts":"Respondents' claims of unforeseen circumstances and alleged outstanding issues."}
  • {"issue_text":"Whether the applicant is entitled to costs de bonis propriis against the respondents' legal practitioner.","issue_type":"law","dispositive":"yes","related_facts":"Error by intern at legal practitioner's firm, respondents exonerated legal practitioner."}
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background
Facts of the Case

Background

The applicant purchased an immovable property from the first and second respondents for US$56,000, paid the full purchase price and conveyancing fees, but the respondents failed to transfer the property into her name. The applicant therefore applied for an order compelling the respondents to transfer the property and for costs.
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