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Harare High Court
Patience N Makoni & Anor v City of Harare & Anor
HH 253-23
Case Details
Court
Harare High Court
Date
21 April 2023
Citation
HH 253-23
Neutral Citation
[2023] ZWHH 253
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Property lawContract law
Keywords
Transfer of propertyAgreement of saleCertificate of complianceRates paymentDevelopment approval
Tags
Property transferAgreement of saleSpecific performance
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants are entitled to an order compelling transfer of the property","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement of sale, payment of purchase price, certificate of compliance"}
- {"issue_text":"Whether there are genuine disputes of fact requiring referral to trial","issue_type":"procedural","dispositive":"no","related_facts":"Allegations of forgery, signature authenticity"}
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background
Facts of the Case
Background
The applicants sought an order compelling the City of Harare to transfer ownership of Stand 3225 Bluffhill Township to them based on an agreement of sale dated 23 June 2016. They alleged full payment of the purchase price and compliance with all terms, including development approvals and rates payments. The City of Harare opposed the application, alleging forgery of signatures and other irregularities.
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