Angelboss Connections (Pvt) Ltd v Manyasha [In his capacity as the executor of the Estate Late Maxwell Mubako] and 4 Others (24 of 2024) [2024] ZWMSVHC 24 (27 June 2024)

Angelboss Connections (Pvt) Ltd v Manyasha [In his capacity as the executor of the Estate Late Maxwell Mubako] and 4 Others (24 of 2024) [2024] ZWMSVHC 24 (27 June 2024)

The plaintiff proved on a balance of probabilities that it paid the full purchase price for the property and that the second defendant acquiesced to the payment method, thereby waiving her right to direct payment. The plaintiff discharged all obligations under the agreement of sale and is entitled to specific...

Source-derived case information.

Citation
[2024] ZWMSVHC 24
Parties
Plaintiff: Angelboss Connections (Pvt) Ltd; First Defendant: Martin Manyasha (executor of the Estate Late Maxwell Mubako); Second Defendant: Pamela Manyasha; Third Defendant: Registrar of Deeds; Fourth Defendant: Sheriff for Zimbabwe; Fifth Defendant: Master of the High Court
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
27 June 2024
Case Number
24 of 2024
Procedural Posture
Civil Trial / Judgment
Outcome
claim succeeds; specific performance granted
Legal Topics
Specific Performance, Sale of Immovable Property, Waiver, Agency, Joint Sellers, Transfer of Title
Source Language
english
Contract Law Property Law Civil Procedure Specific Performance Sale of Immovable Property Waiver Agency Joint Sellers +1 more

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Parties

Angelboss Connections (Pvt) Ltd

Plaintiff

Martin Manyasha (executor of the Estate Late Maxwell Mubako)

First Defendant

Pamela Manyasha

Second Defendant

Registrar of Deeds

Third Defendant

Sheriff for Zimbabwe

Fourth Defendant

Master of the High Court

Fifth Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the plaintiff discharged its obligations under the agreement of sale
  2. 2 Whether payments made by the plaintiff were towards the purchase price of the property
  3. 3 Whether payments through Mubako were with or without the second defendant’s involvement, consent or acquiescence

Ratio Decidendi

The plaintiff proved on a balance of probabilities that it paid the full purchase price for the property and that the second defendant acquiesced to the payment method, thereby waiving her right to direct payment. The plaintiff discharged all obligations under the agreement of sale and is entitled to specific performance for transfer of the property.

Court Disposition

claim succeeds; specific performance granted

Orders

  • First and second defendants to take all necessary steps and sign all documents to transfer rights, title, and interest in Stand Number 9343 Masvingo Township of Fort Victoria Township Lands to the plaintiff within seven days of service of this order.
  • If first and second defendants fail to comply, the Sheriff (fourth defendant) is authorized to effect transfer and sign all necessary documents.