CLEOGOZ INVESTMENTS (PRIVATE) LIMITED v PATRICIA MARY ELIZABETH COX (HOUGAARD) and REGISTRAR OF DEEDS N.O.

HH 250-17

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Case Details

Court

Harare High Court

Date

26 April 2017

Citation

HH 250-17

Neutral Citation

[2017] ZWHH 250

Outcome

unknown

Case Type

Application

Bench

Presiding

CHAREWA J

Full Bench

CHAREWA J

Areas of Law

Property lawContract lawReal estate law

Keywords

Subdivision agreementTransfer compulsionEstate agent commissionRegional Town and Country Planning ActContract illegalityRestitution

Key Issues

{"issue_text":"Was Trevor Dollar Real Estate Company the agent of the first respondent?","issue_type":"mixed","dispositive":"no","related_facts":"First respondent received advances from estate agent; first respondent admitted commission liability; communications between first respondent and agent"}
{"issue_text":"Was the agreement of sale illegal for violating section 39 of the Regional Town and Country Planning Act?","issue_type":"law","dispositive":"yes","related_facts":"Agreement entered without subdivision permit; parties acknowledged ongoing subdivision process"}
{"issue_text":"Is the applicant entitled to restitution of the purchase price paid?","issue_type":"law","dispositive":"yes","related_facts":"Applicant paid USD 87,200 to estate agent; contract found to be illegal"}

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background

Facts of the Case

Background

The applicant sought to compel transfer of a subdivided portion of land it had purchased from the first respondent for USD 75,000. The agreement was entered into in January 2015 without a subdivision permit, which was required by law. The applicant paid the full purchase price to Trevor Dollar Real Estate Company, claiming they were the first respondent's agents. The first respondent denied receiving payment and disputed the estate agency relationship.

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