Yusuf Abdullah Gaibie and Another v Alexander Paulo Castanheira and Another

SC 58/20

Analyze with AI

Case Details

Court

Supreme Court

Date

27 March 2020

Citation

SC 58/20

Neutral Citation

[2020] ZWSC 58

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makoni JA

Full Bench

Garwe JABhunu JAMakoni JA

Areas of Law

Contract LawProperty LawCivil Procedure

Keywords

Breach of ContractAgreement of SalePurchase PriceInstallmentsCancellationAbsolution from the InstancePrima Facie Case

Key Issues

{"issue_text":"Whether the court a quo erred in granting absolution from the instance when the appellants had established a prima facie case of breach of contract","issue_type":"procedural","dispositive":"yes","related_facts":"The appellants' evidence that the respondents failed to pay the full purchase price"}
{"issue_text":"Whether the respondents had breached the agreement of sale","issue_type":"fact","dispositive":"yes","related_facts":"Payment amounts and dates"}
{"issue_text":"Whether the appellants were entitled to cancel the agreement","issue_type":"law","dispositive":"yes","related_facts":"Breach and notice given"}

This summary was generated by AI. Use Zalari to read the full judgment.

background

Facts of the Case

Background

The appellants and respondents entered into an agreement for the sale of a property for Z$11.5 billion, payable in installments. The respondents failed to pay the second installment in full by the due date and, despite an extension and further payments, still owed a balance of Z$2.3 billion when the appellants issued summons for cancellation. The High Court granted absolution from the instance, but the Supreme Court found this was a misdirection as a prima facie case of breach had been established.

Read the full judgment, get AI analysis, and find related cases

Open in Zalari →

Zalari is Zimbabwe and Southern Africa's leading AI-powered legal research platform, built by DeepCounsel and powered by Nyamaropa Technologies. Search Zimbabwe Supreme Court and High Court case law instantly, get AI-generated answers with full source citations, and access the most comprehensive corpus of Zimbabwean and Southern African jurisprudence available online. Zalari is the go-to legal AI platform for attorneys, advocates, law students, judges, and corporate counsel across Zimbabwe and South Africa — delivering faster research, smarter insights, and a competitive edge in legal practice. Zalari does not provide legal advice. Always consult a qualified legal practitioner for advice specific to your situation. © 2026 DeepCounsel — a legal technology company democratising access to legal knowledge in Africa.