Constantino Maguta versus Wheeler Dealer Car Sales (Private) Limited

HH 19-2012

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Case Details

Court

Harare High Court

Date

26 January 2012

Citation

HH 19-2012

Neutral Citation

[2012] ZWHH 19

Outcome

unknown

Case Type

Trial

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Contract LawSale of GoodsAgency Law

Keywords

Cancellation of contractDamagesImplied warrantyParol evidence ruleOstensible seller

Key Issues

{"issue_text":"Whether the defendant represented that it was the owner of the motor vehicle.","issue_type":"fact","dispositive":"yes","related_facts":"Defendant signed as seller; no disclosure of agency; plaintiff inferred ownership."}
{"issue_text":"Whether the defendant breached the contract of sale by failing to guarantee vacant possession.","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicle seized as stolen; plaintiff dispossessed; implied warranty of title."}

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background

Facts of the Case

Background

The plaintiff purchased a Nissan Double Cab from the defendant company for US$6,000, paying a deposit and the balance in July 2010. The vehicle was later seized by police as stolen. The plaintiff sued for cancellation of the sale and damages, alleging the defendant misrepresented ownership. The defendant claimed it was acting as agent for a third party, but the court found this defence inconsistent and not disclosed at the time of sale.

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