Judgment No. SC 18/18 Civil Appeal No. 137/16 registers title of immovable properties. The third respondent is the Master of the High Court, cited in his official capacity as the official who exercises oversight over deceased estates. The fourth respondent Tafirenyika Kambarami bought a sub-division of the land in question from Cecilia Kashumba in her capacity as the late Dzingai’s estate’s executrix dative. The detailed facts of the case are as follows; On 12 May 1999, the first appellant, Shorai entered into an agreement of sale with the now late Dzingai for the sale of two proposed stands - being stand number 552 and 553 Quinington Township of Subdivision “A” of Subdivision “F” of Quinington of Borrowdale Estate. At the time the parties entered into the agreement the two stands constituted one property for which a subdivision permit had been granted by the City of Harare. Shorai instituted application proceedings for the cancellation of the agreement of sale, under case number HC10065/00. She claimed that Dzingai had breached the agreement of sale, as he had not paid the full purchase price. The court (per BARTLETT J) accepted that Dzingai had not paid the full purchase price but held that the first appellant had not lawfully cancelled the agreement as she had not given Dzingai the mandatory 30 days’ notice in terms of s 8 (2) (c) (ii) of the Contractual Penalties Act [Chapter 8:04]. In terms of s 8 (2) (c) (ii) a purchaser is entitled to a notice period of 30 days within which to pay the purchase price before the contract can be cancelled. BARTLETT J ordered Dzingai to pay the outstanding amount within 30 days failing which the contract could be lawfully cancelled. That judgment was handed down on 9 May 2001. 2

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