Christopher Dube v Rutabaga Marketing (Pvt) Ltd

HB 118/21

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Case Details

Court

Bulawayo High Court

Date

1 July 2021

Citation

HB 118/21

Neutral Citation

[2021] ZWHB 118

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kabasa J

Areas of Law

Contract LawProperty Law

Keywords

Breach of ContractSpecific PerformanceCancellationInstalment SaleContractual Penalties Act

Key Issues

{"issue_text":"Whether the defendant breached the agreements by failing to build townhouses or pay US$600,000","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to construct by 1 September 2018, failure to pay by 7 September 2018"}
{"issue_text":"Whether the plaintiff is entitled to cancel the agreements without giving written notice","issue_type":"law","dispositive":"yes","related_facts":"Clause 14:1 of Agreement of Sale requiring written notice"}
{"issue_text":"Whether the defendant is entitled to specific performance compelling acceptance of ZW$600,000","issue_type":"law","dispositive":"yes","related_facts":"Defendant's failure to perform obligations, late tender"}

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Facts of the Case

Background

The plaintiff entered into three inter-related agreements with the defendant on 1 September 2016 involving the sale of two stands and construction of townhouses. The defendant failed to build the townhouses by the agreed deadline of 1 September 2018 and also failed to pay the agreed US$600,000 by 7 September 2018. The plaintiff sought cancellation of the agreements and return of title deeds, while the defendant counter-claimed for specific performance to compel acceptance of tendered ZW$600,000.

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