Karanda v Svosve (HC 7174 of 2015; HH 810 of 2016) [2016] ZWHHC 810 (14 December 2016)

Karanda v Svosve (HC 7174 of 2015; HH 810 of 2016) [2016] ZWHHC 810 (14 December 2016)

Defendant, by negotiating and accepting late payments, waived her right to strict enforcement and lawful cancellation under the agreement. The contract was unlawfully terminated without proper notice. Defendant was unjustly enriched by retaining the purchase price after reselling the property and must refund the plaintiff.

Citation
[2016] ZWHHC 810
Parties
Plaintiff: Paul Karanda; Defendant: Gladys Svosve
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
14 December 2016
Case Number
HC 7174 of 2015 ; HH 810 of 2016
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiff’s claim succeeds in its entirety.
Legal Topics
Sale of Land, Waiver of Rights, Contract Termination, Unjust Enrichment, Damages, Refund of Purchase Price
Source Language
English
Contract Law Property Law Unjust Enrichment Sale of Land Waiver of Rights Contract Termination Damages Refund of Purchase Price

Case Brief

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Parties

Paul Karanda

Plaintiff

Gladys Svosve

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the Contractual Penalties Act [Chapter 8:04] applies
  2. 2 Whether defendant’s acceptance of late payments amounted to waiver of rights
  3. 3 Whether the agreement of sale was lawfully terminated

Ratio Decidendi

Defendant, by negotiating and accepting late payments, waived her right to strict enforcement and lawful cancellation under the agreement. The contract was unlawfully terminated without proper notice. Defendant was unjustly enriched by retaining the purchase price after reselling the property and must refund the plaintiff.

Court Disposition

Plaintiff’s claim succeeds in its entirety.

Orders

  • Defendant to pay plaintiff $5,840.00.
  • Defendant to return 14 bovines within 14 days, failing which to pay $7,100.00 to plaintiff.