Janet Mandaza v Whisper Rukanda and The Registrar of Deeds and Farai Agnes Mandaza

HH 627-17

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Case Details

Court

Harare High Court

Date

27 September 2017

Citation

HH 627-17

Neutral Citation

[2017] ZWHH 627

Outcome

unknown

Case Type

Application

Bench

Presiding

Tagu J

Full Bench

Tagu J

Areas of Law

Property lawContract law

Keywords

Double saleAgreement of saleTransfer of immovable propertySpecific performancePriority of contracts

Key Issues

{"issue_text":"Which contract takes precedence in a double sale scenario?","issue_type":"law","dispositive":"yes","related_facts":"Applicant bought first and paid in full; third respondent bought later"}
{"issue_text":"Was the first agreement of sale novated or cancelled?","issue_type":"fact","dispositive":"yes","related_facts":"Alleged acknowledgment of debt; applicant's denial"}
{"issue_text":"Should supplementary affidavit be admitted despite procedural non-compliance?","issue_type":"procedural","dispositive":"no","related_facts":"Filed without prior leave; Rule 235 violation"}

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background

Facts of the Case

Background

Applicant purchased immovable property from first respondent in April 2005, paid full purchase price and conveyancing fees, but seller purported to cancel agreement and resold same property to third respondent in August 2005. Applicant seeks specific performance and declaration that first sale is valid and second sale null and void.

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