Alex Masiya and Esther Masiya versus Ronald Takawira Sadomba and High Rise Distributors (Private) Limited (trading as High Rise Real Estate)

HH 28-12

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Case Details

Court

Harare High Court

Date

28 January 2012

Citation

HH 28-12

Neutral Citation

[2012] ZWHH 28

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mutema J

Full Bench

Mutema J

Areas of Law

DelictProperty LawContract Law

Keywords

Estate Agent LiabilityBreach of DutyFraudulent SaleVicarious LiabilityCaveat Subscripto

Key Issues

{"issue_text":"Whether the defendants are liable to the plaintiffs in the sum claimed.","issue_type":"mixed","dispositive":"yes","related_facts":"Release of funds without original deeds, assurance of safety, fraud by sellers"}
{"issue_text":"Whether the property had a caveat at the time the agreement was signed.","issue_type":"fact","dispositive":"no","related_facts":"Deeds Office confirmation (exh 8)"}
{"issue_text":"Whether the defendants breached a duty of care towards the plaintiffs.","issue_type":"law","dispositive":"yes","related_facts":"Assurance of professionalism, failure to verify sellers, early release of funds"}

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Facts of the Case

Background

The plaintiffs, Alex and Esther Masiya, entered into an agreement to purchase stand 249 in Good Hope through the first defendant, Ronald Sadomba, a property consultant employed by High Rise Distributors (Private) Limited. The defendants facilitated the transaction, accepted payment into their trust account, and released funds to purported sellers who were later found to be fraudsters using forged documents. The plaintiffs lost US$21,593 and sought damages, alleging breach of duty of care and misrepresentation.

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