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Harare High Court
Tapiwa Nalomwe v Nicholas Van Hoogstraten
HH 444-18
Case Details
Court
Harare High Court
Date
18 July 2018
Citation
HH 444-18
Neutral Citation
[2018] ZWHH 444
Outcome
unknown
Case Type
Trial
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Contract LawCommercial LawProperty Law
Keywords
Asset swap agreementShare transferBreach of contractCancellation of contractDamages
Tags
Contract LawAsset Swap AgreementShare TransferBreach of Contract
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant entered into asset swap agreement with plaintiff","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's testimony about verbal agreement, defendant's denial, documentary evidence of share transfer"}
- {"issue_text":"Whether defendant was acting in personal capacity","issue_type":"fact","dispositive":"yes","related_facts":"Defendant's claim of agency for Zimcor Limited, lack of evidence supporting agency"}
- {"issue_text":"Whether defendant received 167,275 Old Mutual shares from plaintiff","issue_type":"fact","dispositive":"yes","related_facts":"Acknowledged share transfer documents, defendant's signature as receipt"}
- {"issue_text":"Whether defendant is liable to transfer shares or pay their value","issue_type":"law","dispositive":"yes","related_facts":"Breach of alleged agreement, plaintiff's cancellation of contract"}
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background
Facts of the Case
Background
The plaintiff claimed transfer of 167,275 Old Mutual shares or their monetary value, alleging an asset swap agreement with the defendant where he transferred shares in exchange for immovable property. The defendant denied the agreement, claiming he received shares as agent for Zimcor Limited. The court found the plaintiff's version more probable and ordered return of shares or payment of their value.
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