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Harare High Court

Joseph Dongo v Champion Construction (Pvt) Ltd

HH 625-25

Case Details

Court
Harare High Court
Date
13 October 2025
Citation
HH 625-25
Neutral Citation
[2025] ZWHH 625
Outcome
unknown
Case Type
Trial

Bench

Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Property LawCivil ProcedurePrescription
Keywords
prescriptioninterruption of prescriptionabsolution from the instanceagreement of salecancellation
Tags
prescriptionagreement of saleimmovable propertydamages
legislation
Statutes Cited
  • Prescription Act [Chapter 8:11]
  • Prescription Act [Chapter 8:11]
  • Prescription Act [Chapter 8:11]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether prescription was interrupted by the earlier litigation that resulted in absolution from the instance","issue_type":"law","dispositive":"yes","related_facts":"First summons issued in 2005, absolution granted in 2014, fresh summons in 2017"}
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background
Facts of the Case

Background

The plaintiff claimed damages arising from cancellation of an agreement of sale for immovable property. The defendant raised a special plea of prescription, arguing the claim prescribed in August 2008, three years after the agreement was cancelled in August 2005. The plaintiff contended prescription was interrupted by earlier litigation that resulted in absolution from the instance in December 2014.
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