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Approach re: Agreements to Contract in the Future and Memorandum of Understanding

HH20-12 : JANE PHIRI vs PATSON NAWASHA
Ruled By: MUTEMA J

The dispute in casu is steeped in the sale of a deceased immovable property whose purchase price was paid by the applicant but transfer of which the respondent failed to effect. The draft order the applicant seeks is couched in these words: “IT IS HEREBY ORDERED THAT: 1. The respondent is hereby ordered to deliver and register a four roomed house; ...
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Appealed
SC42-15 : CRISPEN HATIVAGONE and AUDREY HATIVAGONE vs CAG FARMS (PRIVATE) LIMITED and DBT PROPERTIES and REGISTRAR OF DEEDS
Ruled By: GARWE JA, GOWORA JA and PATEL JA

THE FACTUAL BACKGROUNDThe appellants are the owners of a certain immovable property, known as WAMICA Farm measuring 644,795 ha, (“the farm”). It is rural land. The first respondent (hereinafter referred to as the respondent) is a private company duly registered as such under the laws of Zimbabwe. It carries on business in the agricultural ...
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HH157-14 : CAG FARMS (PVT) LIMITED vs CRISPEN HATIVAGONI and AUDREY HATIVAGONE and DBT PROPERTIES and REGISTRAR OF DEEDS
Ruled By: DUBE J

This is an application for specific performance of an Agreement of Sale entered into by the parties. The applicant is a company which is involved in the agribusiness. The respondents are husband and wife and are the owners of Wamica Farm (hereinafter referred to as “the farm”). The salient facts of this matter may be summarised as ...
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HH271-13 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDDA REBECCA MINE vs NYASHA MUTENGWA
Ruled By: MAWADZE J

This is an application for summary judgment wherein the applicant seeks the eviction of the respondent and all those claiming occupation through him from House Number 1131, Chipadze Township, Bindura and costs of suit.The facts of this matter are largely common cause:The respondent was employed by the applicant. With the ...
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