Mary Murdoch Howson v John Alexander Cameron

HH 141-18

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Case Details

Court

Harare High Court

Date

14 March 2018

Citation

HH 141-18

Neutral Citation

[2018] ZWHH 141

Outcome

unknown

Case Type

Trial

Bench

Presiding

Matanda-Moyo J

Full Bench

Matanda-Moyo J

Areas of Law

Contract LawPrescriptionCommercial Transactions

Keywords

Share sale agreementPrescriptionAcknowledgement of debtInstalment paymentsContract variation

Key Issues

{"issue_text":"Has the plaintiff's claim prescribed?","issue_type":"procedural","dispositive":"yes","related_facts":"Agreement signed 30 June 2008; last instalment due 1 January 2013; summons served 4 January 2016"}
{"issue_text":"Was the sale agreement lawful?","issue_type":"law","dispositive":"no","related_facts":"Alleged contravention of Exchange Control Regulations"}
{"issue_text":"Was the sale agreement varied?","issue_type":"fact","dispositive":"no","related_facts":"Unsigned addendum allegedly reducing price to US$40 000"}
{"issue_text":"Did defendant acknowledge the debt on 19 March 2015?","issue_type":"fact","dispositive":"yes","related_facts":"Defendant's words at meeting"}

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background

Facts of the Case

Background

Plaintiff sold her 10 000 shares in family company to defendant brother for US$240 000 payable in five instalments over five years. Defendant paid only US$40 000. Plaintiff sued for balance; defendant pleaded prescription and alleged agreement was varied to US$40 000.

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