Remigio Mavata v George Pedzisayi Fichani Family Trust and George Pedzisayi Fichani

Key Issues

• {"issue_text":"Whether or not the 1st defendant breached the agreement of sale dated 15 January 2007","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to pay balance by 28 February 2007, admission of breach"}
• {"issue_text":"Whether or not the defendants fraudulently transferred mining claims Gazemba 105 – 108, Copper Queen under Gweru mining district to 2nd defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Transfer occurred on 20 March 2007 without plaintiff's consent, transfer shown as \"free\""}
• {"issue_text":"Whether or not by the operation of prescription, plaintiff's claim should not be dismissed","issue_type":"procedural","dispositive":"no","related_facts":"Claim filed in 2015, breach occurred in 2007"}
• {"issue_text":"Whether or not plaintiff's failure to cite the Mining Commissioner for Gweru Mining District is a material mis-joinder","issue_type":"procedural","dispositive":"no","related_facts":"Mining Commissioner not cited as party"}

Background