Konono Konono v Brian Mapurisa

HH 433-21

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Case Details

Court

Harare High Court

Date

26 August 2021

Citation

HH 433-21

Neutral Citation

[2021] ZWHH 433

Outcome

unknown

Case Type

Trial

Bench

Presiding

Muzofa J

Full Bench

Muzofa J

Areas of Law

Property LawContract LawCivil Procedure

Keywords

property salepurchase price refundprescriptionagreement of saletransfer of property

Key Issues

{"issue_text":"Whether plaintiff's claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Cause of action arose when plaintiff learned of sale to Cosmas"}
{"issue_text":"Whether defendant received payment from plaintiff for the stand","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's testimony of payment, defendant's admission in previous proceedings"}
{"issue_text":"Amount paid by plaintiff and currency thereof","issue_type":"fact","dispositive":"yes","related_facts":"Agreement specified US dollars, legal tender in 2012"}
{"issue_text":"Whether defendant is obliged to refund money received","issue_type":"law","dispositive":"yes","related_facts":"Defendant failed to transfer property and sold to third party"}

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background

Facts of the Case

Background

The plaintiff purchased a stand from the defendant in December 2012 for US$27,000 and paid the full purchase price. The defendant failed to transfer the property and instead sold it to a third party. After an unsuccessful application to be declared owner, the plaintiff sued for refund of the purchase price.

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