Esther Kafunga v Grace Kefa (2013/HN/CA.27) [2017] ZMHC 530 (31 May 2017)

Esther Kafunga v Grace Kefa (2013/HN/CA.27) [2017] ZMHC 530 (31 May 2017)

Time was not of the essence in the verbal contract; the appellant paid a substantial portion and attempted to pay the balance, which the respondent unreasonably refused to accept. The appellant is entitled to specific performance and completion of the sale.

Source-derived case information.

Citation
[2017] ZMHC 530
Parties
Appellant: Esther Kafunga; Respondent: Grace Kefa
Court
High Court of Zambia
Jurisdiction
Zambia
Judgment Date
31 May 2017
Case Number
2013/HN/CA.27
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Specific Performance, Sale of Land, Substantial Performance, Time of Payment
Source Language
english
Contract Law Property Law Specific Performance Sale of Land Substantial Performance Time of Payment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Esther Kafunga

Appellant

Grace Kefa

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether time was of the essence in the verbal contract for sale of house
  2. 2 Whether the appellant was entitled to specific performance after substantial payment
  3. 3 Whether the respondent could refuse to accept the balance and withdraw the sale

Ratio Decidendi

Time was not of the essence in the verbal contract; the appellant paid a substantial portion and attempted to pay the balance, which the respondent unreasonably refused to accept. The appellant is entitled to specific performance and completion of the sale.

Court Disposition

appeal allowed

Orders

  • Specific performance of the verbal contract ordered
  • Appellant to pay balance of K1,500.00 within thirty days