Venganai Musevenzo v Sylvester Ndebele Beji and The City of Masvingo

HH 268/13

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Case Details

Court

Harare High Court

Date

4 September 2013

Citation

HH 268/13

Neutral Citation

[2013] ZWHH 268

Outcome

unknown

Case Type

Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Contract LawProperty Law

Keywords

specific performancecessionproperty transfersale agreement

Key Issues

{"issue_text":"Whether the applicant is entitled to an order of specific performance requiring the first respondent to sign cession forms","issue_type":"mixed","dispositive":"yes","related_facts":"Payment of purchase price, existence of sale agreement, first respondent's refusal to sign forms"}
{"issue_text":"Whether a genuine dispute of fact exists that prevents resolution on the papers","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting claims about amount paid, authenticity of letter"}
{"issue_text":"Whether condonation should be granted for late filing of heads of argument","issue_type":"procedural","dispositive":"no","related_facts":"Heads filed more than a year late, courier delivery issues"}

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background

Facts of the Case

Background

The applicant purchased the first respondent's rights in a property in Masvingo in February 2001 for ZW$250,000 and took vacant occupation. The second respondent, the property owner, consented to the sale and invited the applicant to pay cession fees in 2006. The first respondent later claimed only half the purchase price was paid and demanded US$7,000 as balance, refusing to sign cession forms.

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