Sibanda v Mthupha (HC 251 of 2008; HC 281 of 2008; Ref HC 251 of 2008) [2008] ZWBHC 19 (12 November 2008)

Sibanda v Mthupha (HC 251 of 2008; HC 281 of 2008; Ref HC 251 of 2008) [2008] ZWBHC 19 (12 November 2008)

The contract between the applicant and respondent was cancelled by mutual consent when the applicant introduced substitute buyers, and therefore the applicant had no further rights to the motor vehicle after 1st February 2008.

Citation
[2008] ZWBHC 19
Parties
Applicant: Admire Sibanda; Respondent: Dr. G. Mthupha
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
12 November 2008
Case Number
HC 251 of 2008 ; HC 281 of 2008 ; Ref HC 251 of 2008
Procedural Posture
Urgent Chamber Application / Judgment on Opposition to Provisional Order
Outcome
Provisional order discharged; costs awarded to respondent
Legal Topics
Sale of Goods, Contract Cancellation, Specific Performance
Source Language
English
Contract Law Sale of Goods Contract Cancellation Specific Performance

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Parties

Admire Sibanda

Applicant

Dr. G. Mthupha

Respondent

Procedural Posture

Urgent Chamber Application / Judgment on Opposition to Provisional Order

Legal Issues

  1. 1 Whether the applicant was entitled to delivery of the motor vehicle after the alleged cancellation of the contract
  2. 2 Whether the contract between the applicant and respondent was valid as of 1st February 2008

Ratio Decidendi

The contract between the applicant and respondent was cancelled by mutual consent when the applicant introduced substitute buyers, and therefore the applicant had no further rights to the motor vehicle after 1st February 2008.

Court Disposition

Provisional order discharged; costs awarded to respondent

Orders

  • The provisional order granted on 7th February 2008 is discharged.
  • Respondent to pay costs on the ordinary scale.