Matanhire v Sibindi (HH 88 of 2004) [2004] ZWHHC 88 (6 April 2004)

Matanhire v Sibindi (HH 88 of 2004) [2004] ZWHHC 88 (6 April 2004)

The applicant paid the full purchase price a month after the sale agreement was signed, and the respondent failed to transfer the property or ensure timely registration of subdivision without reasonable excuse. The applicant is entitled to the order sought.

Citation
[2004] ZWHHC 88
Parties
Applicant: Passmore Matanhire; Respondent: Martin Sibindi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
6 April 2004
Case Number
HH 88 of 2004
Procedural Posture
Opposed Court Application / Judgment
Outcome
application granted
Legal Topics
Specific Performance, Transfer of Property, Delay in Performance
Source Language
English
Property Law Contract Law Specific Performance Transfer of Property Delay in Performance

Case Brief

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Parties

Passmore Matanhire

Applicant

Martin Sibindi

Respondent

Procedural Posture

Opposed Court Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to transfer of the property after full payment of the purchase price
  2. 2 Whether the delay in transfer by the respondent is excusable
  3. 3 Whether the matter should proceed by application or summons

Ratio Decidendi

The applicant paid the full purchase price a month after the sale agreement was signed, and the respondent failed to transfer the property or ensure timely registration of subdivision without reasonable excuse. The applicant is entitled to the order sought.

Court Disposition

application granted

Orders

  • Order granted in terms of the draft.