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Harare High Court
Bothwell Muwalo v Fairvest Real Estate
HH 72-2007
Case Details
Court
Harare High Court
Date
26 September 2007
Citation
HH 72-2007
Neutral Citation
[2007] ZWHH 72
Outcome
unknown
Case Type
Trial
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Contract lawDelictAgency law
Keywords
Estate agentMandateDamagesAbsolution from the instanceSpecific performanceAgreement of sale
Tags
Estate agencyMandateDamagesAbsolution from the instance
legislation
Statutes Cited
- No statutes were cited or referred to in this judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff adduced sufficient evidence to show defendant should have released purchase price before cession","issue_type":"procedural","dispositive":"yes","related_facts":"Agreement terms, payment timeline, estate agency practice"}
- {"issue_text":"Whether plaintiff established quantum of damages suffered","issue_type":"factual","dispositive":"yes","related_facts":"Property value evidence, expert testimony"}
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background
Facts of the Case
Background
Plaintiff engaged defendant estate agent to sell his house and claimed damages when he alleged he was not paid the purchase price as agreed, resulting in him losing the property through specific performance proceedings brought by the purchaser.
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