Ngwenya Muncini v Elisha Takundwa Mangwiro

HH 479-13

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Case Details

Court

Harare High Court

Date

11 December 2013

Citation

HH 479-13

Neutral Citation

[2013] ZWHH 479

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Property lawContract law

Keywords

Specific performanceAgreement of saleLease agreementProperty ownershipEviction

Key Issues

{"issue_text":"Whether a valid contract of sale existed between plaintiff and defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged negotiation through Mrs Ndhlela and Chimina brothers, alleged payment, absence of written agreement"}
{"issue_text":"Whether plaintiff was entitled to specific performance","issue_type":"legal","dispositive":"yes","related_facts":"Failure to prove valid contract, absence of consensus ad idem"}
{"issue_text":"Whether defendant was entitled to evict plaintiff","issue_type":"legal","dispositive":"yes","related_facts":"Defendant's ownership, plaintiff's failure to prove superior right"}

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background

Facts of the Case

Background

The plaintiff claimed specific performance for transfer of a house in Kwekwe, alleging he bought it in 2002 through his employer's wife. The defendant denied any sale, claiming plaintiff was merely a tenant. The plaintiff had occupied the house from 2002 until 2011 when disputes arose.

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