Jetinos Zivanomoyo v Hellen Bawange Dingani

HMA 02-19

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Case Details

Court

Masvingo High Court

Date

16 January 2019

Citation

HMA 02-19

Neutral Citation

[2019] ZWHMA 02

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mafusire J

Full Bench

Mawadze JMafusire J

Areas of Law

Property lawContract law

Keywords

Specific performanceAgreement of saleProperty transferMagistrates Court jurisdiction

Key Issues

{"issue_text":"Whether the magistrate's court had jurisdiction to grant specific performance","issue_type":"procedural","dispositive":"no","related_facts":"Claim for specific performance without alternative claim for damages"}
{"issue_text":"Whether the purchaser was entitled to specific performance","issue_type":"mixed","dispositive":"yes","related_facts":"Purchaser paid full price, seller refused transfer"}
{"issue_text":"Whether Net Seven was the seller's agent","issue_type":"factual","dispositive":"yes","related_facts":"Net Seven approached by seller, commission from purchase price"}

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background

Facts of the Case

Background

The respondent purchased a house from the appellant for $31,000 through an agreement of sale. She paid the full purchase price into the estate agent's trust account, but the appellant refused to cooperate with transfer, claiming she had not paid in full. The magistrate's court granted specific performance, and the appellant appealed.

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