Phillip Tsamwa v Ndoda Hondo and Thomas Kobo Munemo and Registrar of Deeds

HH 53-2008

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Case Details

Court

Harare High Court

Date

25 June 2008

Citation

HH 53-2008

Neutral Citation

[2008] ZWHH 53

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mavangira J

Full Bench

Mavangira J

Areas of Law

Property lawContract law

Keywords

Agreement of saleSubdivision permitNull and voidRegional Town and Country Planning Act

Key Issues

{"issue_text":"Whether the agreement of sale is valid despite being entered into without a subdivision permit","issue_type":"law","dispositive":"yes","related_facts":"Agreement signed 14 May 2004 without subdivision permit"}
{"issue_text":"Whether the agreement is binding despite not being signed by the registered owner","issue_type":"law","dispositive":"no","related_facts":"Agreement signed by second defendant purporting to be first defendant"}
{"issue_text":"Whether any party breached the agreement","issue_type":"mixed","dispositive":"no","related_facts":"Dispute over payment of deposit and tender of transfer"}

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background

Facts of the Case

Background

The plaintiff sued for transfer of a subdivided property or damages, based on an agreement of sale allegedly entered into with the first defendant. The agreement was signed by the second defendant purporting to be the first defendant, but the property was not subdivided at the time of the agreement as required by law.

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