Mazhar Rawoof Petkar N.O and Milly Mirriam Gaibie N.O v Alexandre Paulo Castanheira and Rachel Salu Castanheira

Key Issues

• {"issue_text":"Whether the defendants are in breach of contract","issue_type":"mixed","dispositive":"yes","related_facts":"Payment of Z$9.2 billion, addendum terms, capital gains tax dispute"}
• {"issue_text":"Whether plaintiffs' cancellation of the agreement of sale was in terms of the Contractual Penalties Act","issue_type":"law","dispositive":"yes","related_facts":"Notice of cancellation, statutory requirements"}
• {"issue_text":"Whether plaintiffs attempted to restitute amounts paid by defendants","issue_type":"fact","dispositive":"no","related_facts":"Plaintiffs' conduct after demanding cancellation"}
• {"issue_text":"Whether plaintiffs are entitled to cancel the agreement based on defendants' breach","issue_type":"law","dispositive":"yes","related_facts":"Materiality of breach, addendum terms"}

Background