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Contract of Sale re: Types of Sales, Third Party Eviction, Possession, Ownership and the Passing of Risk and Title

HH71-09 : AGRO CHEM DEALERS (PVT) LTD vs STANLEY GOMO and CITY OF HARARE and RONALD AJARA and THE REGISTRAR OF DEEDS
Ruled By: GOWORA J

C.I. BELCHER, in his book Norman's Purchase and Sale in South Africa, 4ed quoting from Pothier, Vente, 319 et seq had this to say: “When the vendor is the owner of the thing sold and has a capacity of alienation, or, if he is not, when he has the consent of the owner, the effect is to transfer ...
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HH47-10 : MUNYARADZI CHIKUMBU vs VIOLET NHAMO
Ruled By: BERE J

Finally, it was contended, in the further alternative, by the plaintiff that the defendant had failed, neglected, or refused to assist the plaintiff when he was evicted by the police of his ownership of the motor vehicle. It was the defendant's unchallenged evidence that she only got to know that there was a problem with ...
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HH117-12 : EDSON MAKINA vs TIM JACKSON
Ruled By: BERE J

If the purchaser is threatened with eviction by a third party, he should not voluntarily hand over the thing sold to this third party unless the latter's title is clear, not only as against the purchaser but also against the seller.
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HH26-10 : MEDICAL INVESMENTS LIMITED vs RUMBIDZAYI PEDZISAYI
Ruled By: MAKARAU JP

The applicant and the respondent were employer and employee respectively. The respondent was employed by the applicant as its Chief Pharmacist with effect from 1 December 2002 up to November 2008. It was a specific term of her employment that the respondent would be entitled to the use of a motor vehicle during the course ...
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HH01-10 : RIVER RANCH LIMITED vs DELTA CORPORATION LIMITED
Ruled By: PATEL J

In terms of common clause 2 of both agreements of sale “transfer of the property into the name of the Purchaser shall be effected…, as soon as possible after the purchase price has been paid, and within fourteen (14) days of the Seller's legal practitioners requiring the Purchaser to do so.” While this clause is somewhat vague ...
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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 ...