DINESH MANIAL NARAN
(1) RONNAH MAFURIRANO (2) THE REGISTRAR OF DEEDS
SUPREME COURT OF ZIMBABWE
CHIDYAUSIKU CJ, ZIYAMBI JA & MAKONESE AJA
HARARE, MARCH 25, 2013
S Mazibisa, for the appellant
V Majoko, for the first respondent
ZIYAMBI JA: The appellant issued summons in the High Court, Bulawayo, seeking an order declaring the sale agreement concluded between him and the first respondent to be valid and binding on the parties as well as an order compelling the first respondent to transfer, to the appellant, her rights title and interest in stand number 378 Gorebridge Road, Killarney, Bulawayo (hereinafter referred to as “the property”) failing which the Deputy Sheriff be authorized to sign all documents necessary to effect the transfer. In the alternative, the appellant sought a refund in the sum of Z$1 500 000, 00 plus interest a tempore morae from 31 October 2001, compensation in the sum of Z$2 500 000, 00 for improvements on the property and costs of suit against the first respondent on a legal practitioner and client scale.
The High Court found that the agreement between the parties had been cancelled by the appellant and that the latter was entitled to a refund of the sum of Z$1 500 000, 00 as well as compensation for proved improvements. The appellant was ordered to pay the costs of suit. This is an appeal against the judgment of the High Court.