Union Housing Trust v Munyanyi (HC 1346 of 2017; HH 14 of 2020) [2020] ZWHHC 14 (8 January 2020)

Union Housing Trust v Munyanyi (HC 1346 of 2017; HH 14 of 2020) [2020] ZWHHC 14 (8 January 2020)

The joint venture agreement and related agreements ceased to exist upon cancellation by the seller, and no valid contract subsisted between the parties. The applicant failed to fulfill its obligations and cannot seek specific performance or registration as co-owner. The relief sought is incompetent, and any payments made are recoverable from the seller, not the respondent.

Citation
[2020] ZWHHC 14
Parties
Applicant: Union Housing Trust; Respondent: Steady Munyanyi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
8 January 2020
Case Number
HC 1346 of 2017 ; HH 14 of 2020
Procedural Posture
Opposed Application / Judgment
Outcome
Application dismissed
Legal Topics
Specific Performance, Joint Venture Agreements, Contract Cancellation, Damages, Arbitration Clauses
Source Language
English
Contract Law Property Law Specific Performance Joint Venture Agreements Contract Cancellation Damages Arbitration Clauses

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Parties

Union Housing Trust

Applicant

Steady Munyanyi

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether the joint venture agreement between the parties was still in existence
  2. 2 Whether the respondent purchased the property on behalf of the joint venture
  3. 3 Whether the relief sought by the applicant was competent

Ratio Decidendi

The joint venture agreement and related agreements ceased to exist upon cancellation by the seller, and no valid contract subsisted between the parties. The applicant failed to fulfill its obligations and cannot seek specific performance or registration as co-owner. The relief sought is incompetent, and any payments made are recoverable from the seller, not the respondent.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant shall pay the costs of suit.