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Harare High Court
Pramadvara Appalraju and Dhiren Vuli Appalraju v Miriam Patsanza
HH 145-18
Case Details
Court
Harare High Court
Date
9 February 2018
Citation
HH 145-18
Neutral Citation
[2018] ZWHH 145
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Contract LawProperty Law
Keywords
verbal agreement of salecancellationdepositimprovementsrentals
Tags
breach of contractspecific performanceevictionimprovements
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiffs or defendant breached the terms of the verbal agreement of sale","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant failed to pay balance for six years; plaintiffs cancelled agreement"}
- {"issue_text":"Whether the verbal agreement was validly cancelled","issue_type":"law","dispositive":"yes","related_facts":"Defendant's failure to pay balance; plaintiffs' cancellation"}
- {"issue_text":"Whether defendant is entitled to specific performance","issue_type":"law","dispositive":"yes","related_facts":"Defendant breached contract; made late payment offer"}
- {"issue_text":"Whether plaintiffs are entitled to arrear rentals and holding over damages","issue_type":"mixed","dispositive":"no","related_facts":"Defendant leased property; admitted to US$12,000 rentals"}
- {"issue_text":"Whether defendant is entitled to compensation for improvements","issue_type":"mixed","dispositive":"no","related_facts":"Defendant made improvements; insufficient proof of value"}
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background
Facts of the Case
Background
Plaintiffs sold a house to defendant in 2002 for ZAR350,000. Defendant paid ZAR100,000 deposit but failed to pay the balance for six years. Plaintiffs cancelled the agreement and sought eviction. Defendant counterclaimed for specific performance or refund of deposit and improvements.
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