Leonard Masimba Nyakujara v Joseph Tarwireyi and Registrar of Deeds N.O.

HH 379-13

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Case Details

Court

Harare High Court

Date

30 October 2013

Citation

HH 379-13

Neutral Citation

[2013] ZWHH 379

Outcome

unknown

Case Type

Application

Bench

Presiding

Mtshiya J

Full Bench

Mtshiya J

Areas of Law

Property lawContract law

Keywords

Specific performanceAgreement of saleProperty transferSubdivisionRates refund

Key Issues

{"issue_text":"Whether specific performance should be ordered to compel transfer of property","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent signed agreement and power of attorney; respondent now claims mistake and demands additional payment"}
{"issue_text":"Whether there are genuine disputes of fact preventing decision on papers","issue_type":"procedural","dispositive":"no","related_facts":"Respondent claims mistake about property size and surveyor error"}

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background

Facts of the Case

Background

Applicant sought an order compelling respondent to transfer property known as Stand No. 2256 Hatfield Township. The respondent had signed an agreement of sale and power of attorney for transfer but later claimed he only intended to sell 2000m² not the full 2393m², and demanded additional payment for the excess portion and rates he had paid.

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