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NENYASHA HOUSING CO-OPERATIVE v SIBANDA 2019 (3) ZLR 9 (H)

2019 (3) ZLR p9

Citation

2019 (3) ZLR 9 (H)

Case No

Judgment No. HH-456-19

Court

High Court, Harare

Judge

Dube J

Heard

13 May 2019

Judgment

3 July 2019

Counsel

S Gutsa, for the applicant
R E Nyamayemombe, for the respondent

Case Type

Civil application

Annotations

Flynote

Contract – contract governed by Contractual Penalties Act – termination – cancellation—period and form of notice required – penalty clause – enforceability

Sale – instalment sale of land – cancellation of sale – Contractual Penalties Act – applicability – requirement for 30 days' notice to terminate – how notice may be given – penalty clause – enforceability – removal of unauthorised improvements – whether court should order removal of such improvements

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