Felix Dzumbunu v Batandi Michael Mpofu N.O. & 2 Ors

[2024] ZWSC 12

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Case Details

Court

Supreme Court

Date

31 January 2024

Citation

[2024] ZWSC 12

Judgment No.

12/24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mavangira JA

Full Bench

Guvava JAMavangira JAChitakunye JA

Areas of Law

Property LawContract Law

Keywords

instalment salenotice of breachcontract cancellationspecific performanceservice of documents

Key Issues

{"issue_text":"Whether service of notice on appellant's gardener constituted proper service under s 8 of Contractual Penalties Act","issue_type":"law","dispositive":"yes","related_facts":"Notice served on gardener at domicilium address; appellant admitted seeing notice"}
{"issue_text":"Whether appellant was entitled to specific performance","issue_type":"law","dispositive":"yes","related_facts":"Appellant breached agreement; attempted remedy three years late; second respondent paid full price"}

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background

Facts of the Case

Background

The appellant entered an instalment sale agreement for immovable property in 2014, breached by failing to pay instalments, received notice of termination served on his gardener, and was evicted. The first respondent then sold the same property to the second respondent who paid full price. After the first sale cancellation was confirmed, the appellant purported to remedy his breach by paying the balance three years late, which was rejected.

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