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Harare High Court
Chematron Products (Pvt) Ltd v Tenda Transport (Pvt) Ltd & Anor
HH 343-13
Case Details
Court
Harare High Court
Date
9 October 2013
Citation
HH 343-13
Neutral Citation
[2013] ZWHH 343
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Property LawCivil Procedure
Keywords
leave to executeappealspecific performanceproperty transferirreparable harm
Tags
specific performanceexecution pending appealproperty transfersale of land
legislation
Statutes Cited
- Maintenance Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted leave to execute judgment pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant paid purchase price; first respondent refused transfer; appeal noted"}
- {"issue_text":"Whether appeal has prospects of success","issue_type":"mixed","dispositive":"yes","related_facts":"Grounds of appeal; trial court findings"}
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background
Facts of the Case
Background
The applicant purchased property from the first respondent and paid the purchase price. The first respondent refused to transfer the property alleging breach of agreement. The court granted specific performance in 2012. The first respondent appealed to the Supreme Court and the applicant applied for leave to execute the judgment pending appeal.
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