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Contract of Sale re: Approach, Essential Elements, Contract for Merx Not Yet in Existence and Validity of Contract

HH38-12 : PAUL CHIONISO MAWACHA AND CECILIA MAWACHA vs STERBY NHAMO AND INNOCENT NHAMO AN ANOTHER
Ruled By: KUDYA J

The three essential elements of a contract of sale are a meeting of the minds, the merx and the pretium. The existence of an agreement of sale is not dependent on delivery or payment.
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HH00-08 : AGRICULTURE BANK OF ZIMBABWE LTD T/A AGRIBANK vs DATANET TECHNOLOGY ZIMBABWE
Ruled By: MTSHIYA J

As was submitted by the plaintiff's legal practitioner, the issue of an agreement becoming impossible of performance is fully covered by R.H. CHRISTIE in his book 'The Law of Contract In South Africa 3ed…, where he writes:-“The Roman law principle that a contract is a nullity if, at the time ...
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HH92-09 : SUPA PLANT INVESTMENTS (PVT) LTD vs EDGAR CHIDAVAENZI
Ruled By: MAKARAU JP

The facts giving rise to this application are largely common cause. They are as follows:The applicant is in the farming business, operating a farm in Chakari. In October 2006, it set out to acquire a centre pivot irrigation system for its farm. Its Managing Director, duly authorized to act on ...
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HH93-09 : HAVEN CHIKUMBU vs BRYDEN TECHINICAL SERVICES (PRIVATE) LIMITED AND THE REGISTRAR OF DEEDS AND THE DEPUTY SHERIFF FOR HARARE
Ruled By: CHITAKUNYE J

The first respondent owns an immovable property known as Stand 237 Redcliff Township of Redcliff Estate Situate in the district of Kwekwe..., also known as Number 5 McNab Road, Redcliff. On 30 April 2007, the Board of Directors of the first respondent passed a resolution to dispose of that property with a view to buying another ...
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HH105-09 : CAFCA LIMITED vs HIGH PEAK MARKETING (PVT) LIMITED
Ruled By: MTSHIYA J

It is also common cause that in a separate agreement, the parties had agreed that, depending on an agreement on a purchase price, the respondent would buy the premises. As revealed in the papers before the court, the parties were never able to agree on a purchase price for the premises. The premises, therefore, remained the ...
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HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

The plaintiff sues for the eviction of the defendant from her plot while the defendant counter-sues for the transfer of title, rights and interest in a portion of the same plot. The plaintiff testified and called the evidence of two other witnesses who were her daughter, Eneresi Simon, and an employee of the Epworth Local Board, Cagewell ...
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HH124-09 : MAXWELL TAWODZERA AND MARGARET TAWODZERA vs DANNY MASUKUMA
Ruled By: MAKARAU JP

On 8 October 2008, the parties attended upon the defendant's legal practitioners where they were presented with a draft Agreement to sign. The Agreement reflected that the purchase price of the two properties sold was the sum of $265,000= and that a deposit of $85,000= was to be paid upon the signing of the Sale ...
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HH133-09 : EZERA MUSHANDIKWA vs NATIONAL RAILWAYS OF ZIMBABWE AND THE DISTRICT CIVIL ENGINEER N.O. FOR NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: MTSHIYA J

Counsel for the applicant said, in terms of clause 2.2.3 of Special Notice 2313, a market price for the property would have been easily established by Messrs. Richard Ellis and the applicant would have been prepared to accept such a price.
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HB46-09 : HERBERT SIKHOSANA vs ESTATE LATE A MTSANA and SHOWLAST NCUBE and NAPFUTALI SIBANDA and ZANELE NCUBE and NOKUTHULA MTHETHWA and ORS
Ruled By: NDOU J

The applicant is seeking an order in a draft in the following terms: “It is ordered that: (1) Upon tendering of the balance of the purchase price by the applicant, first to fifth respondents be and are hereby directed to take all reasonable steps necessary to effect transfer of Stand 3553 Emganwini, Bulawayo, into applicant's name. (2) In the event ...
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HB90-09 : FIOS NCUBE vs TICHAONA GOMBA and ZIM-AUSTRALIA (PVT) LIMITED and CITY OF BULAWAYO
Ruled By: KAMOCHA J

The plaintiff, who is employed as a painter in South Africa, told the court that, during the year 2000, he approached a company known as Zimbabwe-Australia (Pvt) Ltd..., seeking to buy a Stand. Some official there told him that he had to pay what was termed “construction money” in the sum of $280,000= in ...
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HH64-10 : STATIONERY BOX (PVT) LTD vs NATCON (PVT) LTD and FARAI NDEMERA
Ruled By: MAKARAU JP

The general rule is that once the parties are in agreement over the merx and the payment of the purchase price payable for the merx, a valid contract of sale comes into being between the parties. The contract them casts upon the seller the obligation to deliver the merx sold and upon the purchaser, the obligation to ...
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HH277-10 : BENCHILL INVESTMENTS (PVT) LTD vs BATTERY WORLD (PVT) LTD
Ruled By: KUDYA J

The suggestion, in cross examination, that overpayment betrayed the absence of a fixed price was demonstrably wrong. It was accepted by Graham Pierce Mommsen, the Managing Director of the defendant that at the time prices of batteries were controlled by the National Incomes and Pricing Commission.
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HB23-13 : FOOTBALL CLUB WINDERMERE vs ASSOCIACAO DOS PORTUGUESE and THE CITY OF BULAWAYO
Ruled By: KAMOCHA J

On 30 May 2007, one A P Da Silva, a representative of the Portuguese Club, addressed a letter to Football Club Windermere in the following terms:- “Dear Sir, Re: Purchase of Portuguese Club I refer to your letter dated 1st March 2007 and we have not had any further communication from you as to your meeting with Mr Magagula, ...
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SC07-09 : ASHANTI GOLDFIELDS ZIMBABWE LTD vs CLEMENTS KOVI
Ruled By: SANDURA JA, CHEDA JA and ZIYAMBI JA

In his own heads of argument before the court a quo, the respondent correctly states the legal position to the effect that: "A sale in Roman-Dutch law has been defined as a contract in which one person promises to deliver a thing to another, who, on his part, promises to pay a certain price." In this, ...
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HH06-09 : MARIA KATSIGA vs HILDA CHARLIE and NYASHA MACHAKAIRE and MASTER OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: KUDYA J

On the face of it, exhibit 5 would satisfy the basic tenets of an Agreement of Sale. The thing to be sold is identified and the price is indicated. The intention to sell and buy is pre-supposed. In addition, the signatures of the seller, buyer and witnesses are appended in the agreement.