Hammer and Tongues Real Estate (Private) Limited v Trustees for the Time Being of the Zimbabwe Child Survival Development Trust and African Sentimentals (Pvt) Ltd and Registrar of Deeds N.O

Key Issues

• {"issue_text":"Whether the applicant was offered the right of first refusal in respect of the sale of the property","issue_type":"mixed","dispositive":"no","related_facts":"First respondent gave seven days notice; applicant requested authorizing resolution"}
• {"issue_text":"Whether the lease was lawfully terminated","issue_type":"law","dispositive":"no","related_facts":"Lease expired in 2019; no formal cancellation; applicant continued occupation"}
• {"issue_text":"Whether the second respondent is an innocent purchaser of the property","issue_type":"mixed","dispositive":"yes","related_facts":"Second respondent purchased property; no evidence of knowledge of right of first refusal in founding affidavit"}
• {"issue_text":"Whether the applicant has satisfied the requirements of application for a declarator","issue_type":"procedural","dispositive":"yes","related_facts":"Application under section 14 of High Court Act; applicant failed to establish second respondent's mala fides in founding affidavit"}
• {"issue_text":"Whether this court can declare the lease to have been cancelled on the basis of payment of allegedly unfair rentals","issue_type":"procedural","dispositive":"no","related_facts":"First respondent raised in opposing affidavit; no formal counter-application"}
• {"issue_text":"Whether this court can declare the agreement of sale concluded between the 1st and 2nd respondents to be valid","issue_type":"procedural","dispositive":"no","related_facts":"Second respondent raised in opposing affidavit; no formal counter-application"}

Background