MURAMBA v MATONGO 2019 (3) ZLR 844 (S)

2019 (3) ZLR p844

Flynote

Contract – sale – of property – cancellation – whether deposit can be retained as penalty – no penalty clause in contract – seller not entitled to retain deposit – parties expressly agreeing that only written terms would apply – s 5 of Contractual Penalties Act not applying in respect of alleged oral term – seller entitled to retain rent payments in respect of period property occupied by buyer prior to cancellation – evidence – parol evidence rule – parties agreeing that written contract was entire contract – no further evidence allowed

Practice and procedure – rules of court – adherence to – self-actor – while leniency may shown, substantial compliance with rules still required