Search Search
Fields marked with an asterisk (*) are required.
Name *
Username *
Password *
Verify password *
Email *
Verify email *

MAPARANYANGA v SHERIFF OF THE HIGH COURT & ORS 2003 (1) ZLR 325 (S)

2003 (1) ZLR p325

Citation

2003 (1) ZLR 325 (S)

Case No

Judgment No. S-132-02

Court

Supreme Court, Harare

Judge

Chidyausiku CJ, Cheda JA & Gwaunza AJA

Heard

11 November 2002; 18 March 2003

Judgment

18 March 2003

Counsel

M Chiwunda, for the appellant
E T Matinenga, for the first respondent
A Chinake, for the second respondent
No appearance for the third, fourth and fifth respondents

Case Type

Civil Appeal

Annotations

Link to case annotations

Flynote

Contract — performance — when must be performed in forma specifica — when equivalent performance acceptable — onus on offeree to show that performance in forma specifica not essential

Practice and procedure — execution — sale — setting aside of — grounds for — breach of contract in terms of which immovable property sold — rights of judgment debtor and creditor — when breach material — contract specifying that payment had to be made in full — Sheriff and purchaser making arrangements for payment over a period — a material breach of contract — equivalent performance not permissible

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.