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Harare High Court

Esther Gandawa v Joshua Gopoza

HH 577-22

Case Details

Court
Harare High Court
Date
31 August 2022
Citation
HH 577-22
Neutral Citation
[2022] ZWHH 577
Outcome
unknown
Case Type
Trial

Bench

Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Property lawContract lawDelict
Keywords
Double saleImmovable propertyBreach of contractDamagesFraud
Tags
Double saleImmovable propertyBreach of contractFraud
legislation
Statutes Cited
  • Finance Act No. 2 of 2019
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether defendant committed fraud in the sale of the immovable property","issue_type":"mixed","dispositive":"no","related_facts":"Double sale of same property within three days"}
  • {"issue_text":"Whether the property sold was stand 2657 or 2659","issue_type":"fact","dispositive":"no","related_facts":"Agreement documentation and witness testimony"}
  • {"issue_text":"Whether plaintiff breached the agreement of sale","issue_type":"fact","dispositive":"no","related_facts":"Payment terms and compliance"}
  • {"issue_text":"Whether defendant breached the agreement of sale","issue_type":"fact","dispositive":"yes","related_facts":"Failure to transfer property, double sale"}
  • {"issue_text":"Whether plaintiff suffered damages and the quantum","issue_type":"mixed","dispositive":"yes","related_facts":"Loss of property, legal fees incurred"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff purchased immovable property no. 2657 Aspindale Gated Community from defendant for US$45,000, but defendant subsequently sold the same property to a third party for US$140,000. Plaintiff lost the property through litigation and claimed damages for the double sale.
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