Raymond Munyaka v Bert Properties (Pvt) Ltd

HH 602-22

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Case Details

Court

Harare High Court

Date

9 September 2022

Citation

HH 602-22

Neutral Citation

[2022] ZWHH 602

Outcome

unknown

Case Type

Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Property lawContract law

Keywords

Sale agreementLease agreement to purchaseCancellationAdditional affidavitRule 59(12)

Key Issues

{"issue_text":"Whether respondent should be granted leave to file additional opposing affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Information was available when opposing affidavit filed; omission was inadvertent"}

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background

Facts of the Case

Background

The applicant brought a main application seeking to declare invalid the respondent's cancellation of a property agreement and to compel transfer of the property. The respondent opposed and sought leave to file an additional affidavit after realizing it had omitted information that the property was still registered in the names of the previous owners from whom they purchased it.

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