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Cancellation or termination of an instalment sale of land in Zimbabwe

An instalment sale of land in Zimbabwe in terms of section 2 of the Contractual Penalties Act [Chapter 8:04] is defined as a sale agreement which requires that payment of the purchase price be made: (a) in three or more instalments or (b) by way of a deposit and two or more instalments with transfer of ownership being effected only after payment of the last instalment is completed.

Cancellation or termination of an instalment sale of land in Zimbabwe has to be done correctly. The procedure for cancellation or termination of an instalment sale of land in Zimbabwe to be followed by the seller entails giving notice to rectify, discontinue or remedy a breach, followed by the institution of proceedings. see Manengureni v Kakomo & Others 2020 (2) ZLR 169 (H).

The law requires strict compliance with regards to the cancellation or termination of an instalment sale of land in Zimbabwe so as to protect purchasers in instalment sales. Where a purchaser in an instalment sale of land in Zimbabwe is in breach of the terms of the agreement, he or she is afforded an opportunity to rectify, discontinue or remedy the breach before proceedings for cancellation or termination of the sale are commenced. see Nenyasha Housing Co-operative v Sibanda HH 456-19.