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Harare High Court
S & B Holdings (Private) Limited v Zambuko Properties (Private) Limited
HH 650-18
Case Details
Court
Harare High Court
Date
10 October 2018
Citation
HH 650-18
Neutral Citation
[2018] ZWHH 650
Outcome
unknown
Case Type
Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Contract LawProperty Law
Keywords
specific performancebreach of contractagreement of saledomicilium citandi et excutandinotice of breach
Tags
specific performancebreach of contractagreement of saleproperty transaction
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether effective notice of breach was given given it was served on legal practitioners rather than domicilium address","issue_type":"procedural","dispositive":"no","related_facts":"Notice served on 4 January 2017 to respondent's legal practitioners; domicilium was No. 10B Sherwood Drive"}
- {"issue_text":"Whether respondent breached the terms of the agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to pay Banc ABC; failure to provide certificates of compliance"}
- {"issue_text":"Whether specific performance is the appropriate remedy","issue_type":"law","dispositive":"yes","related_facts":"Applicant elected specific performance rather than cancellation; no evidence of impossibility"}
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background
Facts of the Case
Background
The applicant sold property to respondent for US$330,000 under agreement dated 27 September 2016. Respondent paid initial deposit of US$120,000 but failed to fulfil other obligations including settling mortgage bond with Banc ABC and providing certificates of compliance for 15 stands. Applicant sought specific performance of the agreement.
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