Collin Nhamo Madzima v Doris Runesu Mate

HH 86-17

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Case Details

Court

Harare High Court

Date

8 February 2017

Citation

HH 86-17

Neutral Citation

[2017] ZWHH 86

Outcome

unknown

Case Type

Trial

Bench

Presiding

Dube J

Full Bench

Dube J

Areas of Law

Property LawContract Law

Keywords

cessionmistakevoid contractreimbursementdouble allocation

Key Issues

{"issue_text":"Whether the plaintiffs paid US$7,000 to the defendant","issue_type":"fact","dispositive":"no","related_facts":"Payment of purchase price"}
{"issue_text":"Whether the plaintiffs are entitled to be refunded amounts paid by the defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Common mistake regarding ownership rights"}
{"issue_text":"Whether the agreement of sale and agreement of cession are void and against whom are they enforceable","issue_type":"law","dispositive":"yes","related_facts":"Defendant's lack of rights to cede"}

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background

Facts of the Case

Background

The plaintiff purchased a stand from defendant for $7,000 in July 2010. Parties signed a cession agreement when transfer could not be effected as the stand was not fully serviced. In 2012, plaintiffs discovered the stand had been previously sold to a third party in 2006. Plaintiffs cancelled the agreement and claimed reimbursement. Defendant denied liability arguing she had ceded all her rights to plaintiffs.

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