adminseeking to cancel a property sale.
Mr Buyanga – through one of his companies Zimcor Trustee Private Limited – bought a residential stand in Vainona from Mr Tonderai Tarima for Z$4 quadrillion in January 2009.
The property ownership was transferred into the name of Zimcor.
Mr Tarima, who signed an agreement of sale confirming he had already received payment, wanted the sale cancelled.
While Mr Buyanga was away, Mr Tarima sought an order to cancel the sale and direct the transfer of ownership of that property back to him.
Harare lawyer Mr Tariro Machiridza of Manase and Manase appeared for Mr Buyanga while Mr Lawman Chimuriwo of Gonese Jessie Majome and Partners represented Mr Tarima.
Under clause 1 of the agreement of sale, the purchase price is acknowledged as having been fully paid on the date of signature.
The signature of the seller shall therefore, be confirmation of payment in full of the purchase price and to that end the seller is stopped from denying full payment’ while clause 10 constitutes the entire agreement alterable only in writing.
Under cross examination he (Mr Tarima) acknowledged his own signature and acknowledgement of receipt as full purchase price for the property.
But Justice Bharat Patel dismissed the application on the basis that the agreement signed by both parties indicated that payment had already been effected.
Both parties, according to the agreement of sale, confirmed that by January 26 2009 when the agreement was signed payment for the stand had already been made.
Justice Patel ruled that the plaintiff failed to prove that Zimcor did not pay for the house.
Online Reporter