HH 370-18 MARK ANTHONY FORD and Ors versus ROBERT EARL BARNES

MARK ANTHONY FORD

and

KEITH NORMAN FORD

and

MICHAEL VIVIAN FORD

and

CAROL-ANN FLYNN

and

CAPLENA TRADE SERVICES (PVT) LIMITED

versus

ROBERT EARL BARNES

 

HIGH COURT OF ZIMBABWE

MUSHORE J

HARARE, 11 June 2018 & 4 July 2018

 

Default judgment

 

Z.W. Makwanya, for the plaintiffs

B Mlauzi, for the defendant

 

            MUSHORE J: This is an action wherein the plaintiffs are claiming confirmation of the cancellation of shares in a company sold by the plaintiffs to the plaintiffs to the defendant. The fourth plaintiff owned immoveable property, described as 502 San Sebastian, Harare, which it sold to the defendant through a Share Transfer Agreement. It is the plaintiff’s case that the defendant breached the contract by his failure to effect payment towards the purchase price of the shares in the fourth plaintiff. The plaintiff is seeking cancellation of the agreement of sale and the attendant ejectment of defendant from the property together with payment for owners’ levies and holding over damages, incurred by the defendant remaining in occupation of the property.

The defendant admits that he purchased the property in the manner stated by the plaintiffs and that he remains in occupation. He also admits that he has not paid any money towards the purchase of the property.  The defendant is thus in agreement that he did perform 

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