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.
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