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Harare High Court
Nelson Nkosana Mwerenga v City of Harare Department of Housing & Registrar of Deeds N.O.
HH 262/21
Case Details
Court
Harare High Court
Date
26 May 2021
Citation
HH 262/21
Neutral Citation
[2021] ZWHH 262
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property lawContract lawCivil procedure
Keywords
Contract of saleDeclaratory orderSpecific performanceMaterial disputes of factSection 14 High Court Act
Tags
Property lawContract of saleSpecific performanceDeclaratory order
legislation
Statutes Cited
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant is entitled to a declaratory order declaring him owner under section 14 of High Court Act","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant alleges full payment, constructed house, seeks ownership declaration"}
- {"issue_text":"Whether material disputes of fact exist preventing determination on papers","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over encroachment and payment"}
- {"issue_text":"Whether applicant proved full payment of purchase price","issue_type":"fact","dispositive":"yes","related_facts":"No receipts produced, respondent alleges non-payment"}
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background
Facts of the Case
Background
The applicant purchased stand 8763 Glenview, Harare from the first respondent in 1979 for $582 payable in monthly instalments until 2010. He sought a declaratory order declaring himself owner and compelling transfer, alleging full payment. The respondent opposed, alleging encroachment onto adjacent land and non-payment of full purchase price.
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