TONDERAI HAMANDISHE and GAMUCHIRAI GLADYS SANGARE v MAFFACK PROPERTIES (PVT) LTD

Key Issues

• {"issue_text":"Whether the respondent's purported cancellation of the agreement of sale dated 17 October 2006 is valid and enforceable","issue_type":"law","dispositive":"yes","related_facts":"Respondent's letters of 27 February 2008 and 8 July 2008; applicants' full payment by 31 January 2007; clause 12 of agreement"}
• {"issue_text":"Whether the respondent was entitled to unilaterally vary the agreement of sale due to hyperinflation and intervening impossibility","issue_type":"law","dispositive":"yes","related_facts":"Respondent's claim of impossibility due to inflation; clause 12 requiring written variations signed by parties"}
• {"issue_text":"Whether specific performance remains an appropriate remedy given the circumstances","issue_type":"law","dispositive":"no","related_facts":"Applicants abandoned claim for transfer; sought declaration to preserve agreement"}

Background