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Harare High Court

Tonderai Tarima v Zimcor Trustee (Pvt) Ltd and Registrar of Deeds

HH 163-2011

Case Details

Court
Harare High Court
Date
8 September 2011
Citation
HH 163-2011
Neutral Citation
[2011] ZWHH 163
Outcome
unknown
Case Type
Trial

Bench

Presiding
PATEL J
Full Bench
PATEL J
Areas of Law
Contract LawProperty Law
Keywords
purchase priceRTGStitle deedsestoppelpactum est servandum
Tags
agreement of salepaymentestoppel
legislation
Statutes Cited
  • N/A
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the full purchase price was actually paid into the plaintiff's account","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's claim of non-payment vs defendant's evidence of RTGS payment; signed acknowledgement of receipt; loss of documentary proof"}
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background
Facts of the Case

Background

The plaintiff sold a stand in Vainona, Harare to the 1st defendant for ZW$4 quadrillion. The plaintiff claims the purchase price was never paid, while the defendant contends it was paid via RTGS. The plaintiff signed both the sale agreement and an acknowledgement of receipt for the full purchase price, and surrendered the title deeds and vacant possession.
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