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Harare High Court
Jebes Muchapondwa v Venencia Madake and 3 Others
HH 216-11
Case Details
Court
Harare High Court
Date
13 October 2011
Citation
HH 216-11
Neutral Citation
[2011] ZWHH 216
Outcome
unknown
Case Type
Application
Bench
Presiding
Guvava J
Full Bench
Guvava J
Areas of Law
Family LawContract LawEstate Law
Keywords
executordeceased estatesettlement agreementbreachimmovable property
Tags
executorestatesettlement agreementbreach of contract
legislation
Statutes Cited
- Exchange Control Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the deceased breached the settlement agreement by making late payment","issue_type":"mixed","dispositive":"yes","related_facts":"Payment made on 28 February 2009, deadline was 27 January 2009"}
- {"issue_text":"Whether the applicant can enforce an agreement that the deceased failed to comply with","issue_type":"law","dispositive":"yes","related_facts":"Deceased was in breach of material term"}
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background
Facts of the Case
Background
The applicant, executor of the late Joseph Muchapondwa's estate, sought to enforce a settlement agreement where the deceased had paid US$12,800 to the first respondent to prevent sale of his property. The respondent opposed, alleging breach of the agreement due to late payment.
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