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Harare High Court

National Social Security Authority v City of Mutare

HH 495-18

Case Details

Court
Harare High Court
Date
22 August 2018
Citation
HH 495-18
Neutral Citation
[2018] ZWHH 495
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Contract LawProperty Law
Keywords
Agreement of SaleDevelopment AgreementOff-site InfrastructureCancellationSpecific PerformanceMarket ValueIntrinsic Value
Tags
Contract LawSpecific PerformanceBreach of ContractCancellation
legislation
Statutes Cited
  • None cited; the judgment rests entirely on common-law principles.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Council's cancellation of the Fernhill agreement was lawful","issue_type":"mixed","dispositive":"yes","related_facts":"Council's failure to provide infrastructure; lack of notice under clause 19"}
  • {"issue_text":"Whether Council's cancellation of the Gimboki South agreement was lawful","issue_type":"mixed","dispositive":"yes","related_facts":"Same as Fernhill; stands resold to third parties"}
  • {"issue_text":"Whether specific performance is appropriate for Fernhill stands","issue_type":"law","dispositive":"yes","related_facts":"Stands still available; Council had 16 years to procure funds"}
  • {"issue_text":"What damages are payable for Gimboki South stands","issue_type":"law","dispositive":"yes","related_facts":"Stands resold; market vs intrinsic value"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

In April 2002, NSSA and City of Mutare entered into two agreements for sale of residential stands. Council cancelled both agreements in March 2007 citing its own inability to provide off-site infrastructure. NSSA contested the cancellation and sought declaratory and compensatory relief.
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