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Harare High Court
Busani Mpofu v Kasirai Caston Mbire
HH 293-11
Case Details
Court
Harare High Court
Date
20 October 2011
Citation
HH 293-11
Neutral Citation
[2011] ZWHH 293
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Karwi J
Full Bench
Hlatshwayo JKarwi J
Areas of Law
Property lawContract law
Keywords
Agreement of saleBreach of contractEstate agent commissionContract cancellationProperty transfer
Tags
Contract of saleProperty transferEstate agent commission
legislation
Statutes Cited
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent breached the contract of sale","issue_type":"mixed","dispositive":"yes","related_facts":"Dispute over balance amount, payment timeline"}
- {"issue_text":"Whether the contract was properly cancelled in terms of clause 7(b)","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant failed to give 14 days written notice"}
- {"issue_text":"Whether the estate agent was engaged by the appellant and responsible for commission payment","issue_type":"fact","dispositive":"no","related_facts":"Estate agent deducted commission from deposit"}
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background
Facts of the Case
Background
The appellant and respondent entered into an agreement of sale for stand number 761 Kuwadzana 1 Harare at a purchase price of $50,000. A dispute arose over the balance payable, with the respondent claiming $14,000 was owed while the appellant insisted it was $17,800. The appellant failed to give written notice of cancellation as required by the contract.
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