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Harare High Court
The Pit Bull Family Trust v First Trust Holdings Limited and The Registrar of Deeds and The Sheriff of the High Court
HH 807-22
Case Details
Court
Harare High Court
Date
10 November 2022
Citation
HH 807-22
Neutral Citation
[2022] ZWHH 807
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Property lawContract law
Keywords
Agreement of saleTransfer of propertyBreachNoticeSpecific performance
Tags
Property transferAgreement of saleSpecific performanceBreach of contract
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant can seek specific performance without first giving notice of breach as required by clause 11 of the agreement","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed application without alleging notice given; Agreement requires notice before specific performance"}
- {"issue_text":"Whether the agreement was validly cancelled by respondent","issue_type":"mixed","dispositive":"no","related_facts":"Notice of breach dated 19 June 2019; Applicant denies receipt"}
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background
Facts of the Case
Background
The applicant trust purchased immovable properties from first respondent for USD $1,650,000.00 in November 2018. Applicant sought court order compelling transfer of properties against payment, claiming respondent failed to proceed with transfer. Respondent opposed, alleging applicant breached agreement by failing to pay purchase price within 30 days as required.
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