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LASAGNE INVESTMENTS (PVT) LTD & ORS v HIGHDON INVESTMENTS (PVT) LTD & ORS 2010 (2) ZLR 296 (H)

2010 (2) ZLR p296

Citation

2010 (2) ZLR 296 (H)

Case No

Judgment No. HH-188-10

Court

High Court, Harare

Judge

Gowora J

Heard

22 May 2008

Judgment

1 September 2010

Counsel

L Uriri, for the applicants
L Mazonde, for the respondents

Case Type

Opposed application

Annotations

No case annotations to date

Flynote

Contract - breach - remedies - specific performance - principles - party seeking specific performance must show has complied with own obligations under contract

Contract - cancellation - sale of land by instalments - when cancellation by seller valid - notice which seller must give - effect of failure to give required notice - what purchaser must show if he seeks to allege non- compliance by seller with notice requirements

Evidence - onus - civil matter - onus lies on person who makes averment, whether positive or negative

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