Nashchrystal Motors (Private) Limited v Total Zimbabwe (Private) Limited & 3 Ors

Key Issues

• {"issue_text":"Whether the claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Discovery of third defendant in 2015, acknowledgment in 2018"}
• {"issue_text":"Whether there was a valid agreement of sale between plaintiff and defendants","issue_type":"mixed","dispositive":"yes","related_facts":"Payment made, agency relationship"}
• {"issue_text":"Whether there was a double sale and if it was fraudulent","issue_type":"mixed","dispositive":"yes","related_facts":"Two agreements, knowledge of occupation"}
• {"issue_text":"Whether the first agreement was validly cancelled","issue_type":"law","dispositive":"yes","related_facts":"Notice requirements, breach clause"}
• {"issue_text":"Whether plaintiff is entitled to specific performance","issue_type":"law","dispositive":"yes","related_facts":"Balance of equities, prior payment"}
• {"issue_text":"Whether third defendant is entitled to ejectment and rentals","issue_type":"mixed","dispositive":"yes","related_facts":"Ownership, occupation without rent"}

Background