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Harare High Court
THE TRUSTEES FOR THE TIME BEING OF THE MATUTU FAMILY TRUST versus COURAGE KUDAKWASHE MUSHUNJE
HH 513 - 25
Case Details
Court
Harare High Court
Date
8 September 2025
Citation
HH 513 - 25
Neutral Citation
[2025] ZWHH 513
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAMBARA J
Full Bench
MAMBARA J
Areas of Law
Contract LawProperty LawCivil Procedure
Keywords
Agreement of SaleSpecific PerformanceMisrepresentationCounterclaimDefamationMalicious Prosecution
Tags
Contract LawSpecific PerformanceProperty SaleMisrepresentation
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff has established its contractual claim for specific performance","issue_type":"law","dispositive":"yes","related_facts":"Agreement of Sale, payment of US$80,000, defendant's cancellation"}
- {"issue_text":"Whether the defendant's delictual counterclaim is properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Counterclaim for defamation and malicious prosecution"}
- {"issue_text":"Whether defendant's cancellation was justified by misrepresentation, death threats, or spousal non-consent","issue_type":"mixed","dispositive":"yes","related_facts":"WhatsApp message about alternative property, cancellation letter, wife's objection"}
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background
Facts of the Case
Background
The Matutu Family Trust entered into an agreement to purchase Stand No. 2018 Eastlea, Zvishavane from Mr. Courage Kudakwashe Mushunje for US$85,000. The Trust paid US$80,000 upfront, with US$5,000 to be paid upon completion of minor repairs. Two days after signing, the defendant attempted to cancel the sale, citing death threats and spousal non-consent. The Trust seeks specific performance of the contract.
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