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Harare High Court
City of Harare v Aqua-Jets (Private) Limited and The Registrar of Deeds
HH 65-23
Case Details
Court
Harare High Court
Date
30 January 2023
Citation
HH 65-23
Neutral Citation
[2023] ZWHH 65
Outcome
unknown
Case Type
Trial
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Property LawContract LawCivil Procedure
Keywords
prescriptiondebtacknowledgment of liabilitycontract breachimmovable propertydeed of transfer
Tags
prescriptioncontract cancellationimmovable propertybreach of contract
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
- Prescription Act
- Prescription Act
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim for cancellation has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Claim arose in 1999, summons issued in 2020"}
- {"issue_text":"Whether prescription was interrupted by acknowledgment of liability","issue_type":"mixed","dispositive":"yes","related_facts":"September 2000 extension request, alleged oral arrangements"}
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background
Facts of the Case
Background
Plaintiff sought cancellation of Deed of Transfer No. 1084/98 for breach of building clause in 1992 sale agreement. First defendant raised prescription defence. Court found claim prescribed as no evidence of interruption through acknowledgment of liability.
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