ZIMASCO (PRIVATE) LIMITED v (1) CASPER TSVANGIRAI (2) BAOBAB REAL ESTATE (3) THE REGISTRAR OF DEEDS, BULAWAYO

SC 12/20

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Case Details

Court

Supreme Court

Date

27 January 2020

Citation

SC 12/20

Neutral Citation

[2020] ZWSC 12

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GUVAVA JA

Full Bench

GARWE JAHLATSHWAYO JAGUVAVA JA

Areas of Law

Contract LawProperty LawCivil Procedure

Keywords

Absolution from the instancePurchase priceExchange rateInterbank transferPower of attorneyCounter claim

Key Issues

{"issue_text":"Whether the court a quo erred in placing the onus on the appellant to prove the exchange rate on 11 and 12 June 2008","issue_type":"procedural","dispositive":"yes","related_facts":"Burden of proof regarding exchange rate"}
{"issue_text":"Whether the appellant was entitled to absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent's failure to prove underpayment"}
{"issue_text":"Whether the appellant was entitled to eviction of the first respondent and damages","issue_type":"law","dispositive":"no","related_facts":"Ownership and possession of property"}

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background

Facts of the Case

Background

On 10 June 2008, the appellant purchased a property from the first respondent for a price equivalent to US$180,000. The appellant paid Z$720 trillion on 11 June 2008, but the first respondent claimed this was insufficient due to hyperinflation and alleged the agreement was fraudulently altered. The first respondent sought cancellation of the sale or payment of the balance, while the appellant counter-claimed for eviction.

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