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Bulawayo High Court
Lloyd Sesa v Hawkflight Enterprises (Pvt) Ltd t/a Hawkflight Construction
HB 47/25
Case Details
Court
Bulawayo High Court
Date
27 March 2025
Citation
HB 47/25
Neutral Citation
[2025] ZWHB 47
Outcome
unknown
Case Type
Civil Appeal
Bench
Presiding
Mutvedzi J
Full Bench
Mutvedzi JChivayo J
Areas of Law
Property LawContract Law
Keywords
agreement of salecancellationforfeitureinstalment paymentssubdivision permitcontractual penalties
Tags
sale of landagreement of salecancellationforfeitureinstalment sale
legislation
Statutes Cited
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether court a quo failed to consider all issues placed before it","issue_type":"procedural","dispositive":"no","related_facts":"Appellant claimed various issues not addressed"}
- {"issue_text":"Whether agreement of sale was illegal for lack of subdivision permit","issue_type":"law","dispositive":"yes","related_facts":"Subdivision permit BYO/METRO/04/10 existed since 2010"}
- {"issue_text":"Whether seven days notice contravened Contractual Penalties Act","issue_type":"law","dispositive":"yes","related_facts":"Notice given and lapsed without remedy"}
- {"issue_text":"Whether forfeiture of deposit and instalments was fair penalty","issue_type":"law","dispositive":"yes","related_facts":"Contract provided for forfeiture, appellant in substantial breach"}
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background
Facts of the Case
Background
Appellant purchased immovable property from respondent on instalment basis, defaulted accumulating USD 14,000 arrears. Respondent cancelled agreement and obtained court order for forfeiture of payments and eviction. Appellant appealed.
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