NASHE FAMILY TRUST v CHIWARA & ORS 2018 (2) ZLR 212 (H)
Citation | 2018 (2) ZLR 212 (H) |
Case No | Judgment No. HH-476-18 |
Court | High Court, Harare |
Judge | Chirawu-Mugomba J |
Heard | 31 July 2018; 6 August 2018; 7 August 2018 |
Judgment | 9 August 2018 |
Counsel | R G Zhuwarara, for the applicant |
Case Type | Civil application |
Annotations |
Flynote
Contract – specific performance – seller reneging on agreement of sale – legal personality of a trust
Practice and procedure – claim in reconvention – procedures for filing special pleas – when facts may be included in replying affidavit
Property and real rights – real rights and their exercise against innocent third party – effect of failure to act on terms of a consent paper upon divorce
Trust – contractual capacity – whether locus standi equates to contractual capacity
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