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Harare High Court

Jabulani Chasokela and Tendekayi Mudzimu v Institute of Chartered Accountants of Zimbabwe

HH 82/2012

Case Details

Court
Harare High Court
Date
26 January 2012
Citation
HH 82/2012
Neutral Citation
[2012] ZWHH 82
Outcome
unknown
Case Type
Application

Bench

Presiding
Dube J
Full Bench
Dube J
Areas of Law
Contract lawSpecific performanceCivil procedure
Keywords
Contract cancellationMaterial dispute of factMotor vehicle saleSpecific performance
Tags
Contract lawSpecific performanceMotor vehicle sale
legislation
Statutes Cited
  • High Court Rules, 1979
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there is a material dispute of fact that cannot be resolved on the papers","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's claim of verbal cancellation, failure to provide details"}
  • {"issue_text":"Whether the contracts were cancelled with the consent of applicants","issue_type":"fact","dispositive":"yes","related_facts":"No evidence of communication of cancellation, no supporting affidavit"}
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background
Facts of the Case

Background

Two former employees of the Institute of Chartered Accountants of Zimbabwe entered into written agreements to purchase motor vehicles through monthly salary deductions. After one instalment was deducted in March 2010, no further deductions were made. More than a year later, after leaving employment, the applicants attempted to pay the outstanding balances and take ownership, but the respondent refused claiming the contracts had been cancelled with their consent.
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