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OKEKE v DURO & CO (PVT) LTD 2006 (1) ZLR 506 (H)

2006 (1) ZLR p506

Citation

2006 (1) ZLR 506 (H)

Case No

Judgment No. HH-71-06

Court

High Court, Harare

Judge

Makarau J

Heard

11 April 2006

Judgment

21 June 2006

Counsel

L Uriri, for the plaintiff
Miss R Gasa, for the defendant

Case Type

Civil trial

Annotations

No case annotations to date

Flynote

Contract — conditional — sale of rights in immoveable property — seller a shareholder in association owning property — sale conditional on association agreeing to issue certificate — association declining to issue share certificate to buyer — not a breach by seller of his obligations –– condition precedent not met

Contract — sale — of portion of immoveable property — cession of rights relating to a right of exclusive occupation — such a sale not a sale of immoveable property — need to distinguish between the two emphasized

Land — sale — cession of exclusive rights of occupation in immoveable property — need to distinguish between such a cession and a sale of immoveable property

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