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Supreme Court

Enerst Gomba & Desmoins Investment (Private) Limited v George Parkin & Bulawayo City Council

[2019] ZWSC 47

Case Details

Court
Supreme Court
Date
31 May 2019
Citation
[2019] ZWSC 47
Judgment No.
SC 47/19
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Gowora JA
Author
Bhunu JA
Full Bench
Gowora JAHlatshwayo JABhunu JA
Areas of Law
Property LawContract Law
Keywords
Sale of immovable propertyInstalment saleOral contractContractual Penalties Act
Tags
Property LawContract LawSale of LandInstalment Sale
legislation
Statutes Cited
  • Contractual Penalties Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there was a valid agreement of sale between the parties","issue_type":"mixed","dispositive":"yes","related_facts":"Verbal discussions, payments made, document of 20 September 2007"}
  • {"issue_text":"Whether instalment sale of land must be in writing","issue_type":"law","dispositive":"yes","related_facts":"Contractual Penalties Act s 7"}
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background
Facts of the Case

Background

Appellant claimed to have purchased Stands 7 and 9 Woodstock, Thorngrove, Bulawayo from respondent through oral instalment sale agreement. Respondent denied sale, claiming appellant was merely a tenant. High Court found no valid contract of sale existed.
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