Kan Dumba Trust v Dohne Construction (Pvt) Ltd & Anor

HH 323-22

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Case Details

Court

Harare High Court

Date

18 May 2022

Citation

HH 323-22

Neutral Citation

[2022] ZWHH 323

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Property lawContract lawCivil procedure

Keywords

Property transferTitle deedUrgencyArbitration clauseVAT dispute

Key Issues

{"issue_text":"Whether the application is urgent given the delay in filing","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 9 May 2022, cause of action arose 27 April 2022, founding affidavit signed 6 April 2022"}
{"issue_text":"Whether the applicant failed to disclose material facts about the VAT dispute","issue_type":"procedural","dispositive":"yes","related_facts":"VAT dispute emerged October 2021, applicant did not disclose this in papers"}
{"issue_text":"Whether the court should entertain the matter in light of the arbitration clause","issue_type":"procedural","dispositive":"no","related_facts":"Clause 18 provides for arbitration of disputes"}

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background

Facts of the Case

Background

The applicant trust purchased immovable property from the first respondent company. After full payment, the first respondent retrieved the title deed from the conveyancer, halting the transfer process. The applicant sought urgent relief to compel return of the deed and completion of transfer, while the first respondent objected on grounds of non-urgency and an arbitration clause.

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