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Harare High Court
Jealous Marimudza v Maffack Properties (Private) Limited and 4 Others
HH 29-2006
Case Details
Court
Harare High Court
Date
17 February 2006
Citation
HH 29-2006
Neutral Citation
[2006] ZWHH 29
Outcome
unknown
Case Type
Urgent Chamber Application
Bench
Presiding
Kamocha J
Full Bench
Kamocha J
Areas of Law
Property LawContract Law
Keywords
agreement of salebreachcancellationimmovable propertydomicilium citandi et executandi
Tags
property sale agreementbreach of contractcancellationspecific performance
legislation
Statutes Cited
- None – no statute or codal provision is referred to in the reasons.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was in breach of the agreement of sale","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to pay within 30 days, unauthorized sale of stands"}
- {"issue_text":"Whether the cancellation of the agreement was valid","issue_type":"law","dispositive":"yes","related_facts":"Service of notice on domicilium, failure to remedy breach"}
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background
Facts of the Case
Background
The applicant entered into an agreement of sale for immovable property but breached by failing to pay the purchase price within 30 days and by selling subdivided stands without authority. The respondent cancelled the agreement after giving 14 days notice to remedy the breach, which the applicant failed to do.
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