Dennis Chigumbu v Marvellous Shumba and Munetsi Primo Machikicho and Susan Machikicho

HH 43-23

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Case Details

Court

Harare High Court

Date

23 January 2022

Citation

HH 43-23

Neutral Citation

[2023] ZWHH 43

Outcome

unknown

Case Type

Application

Bench

Presiding

CHINAMORA J

Full Bench

CHINAMORA J

Areas of Law

Property lawContract lawPrescription

Keywords

Agreement of salePlot subdivisionPrescriptionDeclaratory relief

Key Issues

{"issue_text":"Whether the applicant's claim had prescribed under the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant entered agreements in 2015, filed application in 2021"}
{"issue_text":"Whether the agreements of sale were valid","issue_type":"mixed","dispositive":"no","related_facts":"Dispute over payment, cancellation of agreements"}

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background

Facts of the Case

Background

The applicant sought a declaratory order that agreements of sale for two plots were null and void after discovering that the first respondent had sold the same plots to second and third respondents. The applicant alleged he had purchased the plots in 2015 as part payment for surveying services rendered to the first respondent.

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