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PRIZE COMMERCIAL HOLDINGS (PVT) LTD v GOLDBERG & ORS 2012 (2) ZLR 452 (H)

2012 (2) ZLR p452

Citation

2012 (2) ZLR 452 (H)

Case No

Judgment No. HH-446-12

Court

High Court, Harare

Judge

Mathonsi J

Heard

30 October 2012; 31 October 2012; 1 November 2012; CAV

Judgment

5 December 2012

Counsel

E Chizikani, for the plaintiff.
L Mhundirwa, for the first, second and third defendants
D Halimani, for the fourth defendant

Case Type

Civil trial

Annotations

No case annotations to date

Flynote

Contract – sale – option – right of first refusal (pre-emption) – creation of – can only be created by contract or agreement between grantor and grantee – cannot arise in terms of a custom, convention or practice – nature of the right – undertaking by a grantor to offer the property at a price equal to that offered by another – sitting tenant of leased property – no custom or convention whereby such tenant has right of pre-emption

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