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Harare High Court
Exavier Maoneke v Trustees of Mount Olive Trust
HH 640-22
Case Details
Court
Harare High Court
Date
21 September 2022
Citation
HH 640-22
Neutral Citation
[2022] ZWHH 640
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Property LawContract Law
Keywords
specific performancepactum commissoriummortgage bondsale agreementproperty transfer
Tags
specific performancepactum commissoriumimmovable propertysale agreement
legislation
Statutes Cited
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the transaction constituted an unlawful pactum commissorium","issue_type":"law","dispositive":"yes","related_facts":"Execution of sale agreement following loan default"}
- {"issue_text":"Whether the applicant is entitled to specific performance of the sale agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Execution of sale agreement, payment of purchase price"}
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background
Facts of the Case
Background
The applicant loaned money to the respondent secured by mortgage bonds over immovable property. When the respondent failed to repay, they entered into a sale agreement for the property. The applicant sought specific performance of the sale agreement while the respondent claimed it constituted an unlawful pactum commissorium.
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