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Supreme Court
Matrix Realty (Private) Limited v Trustees for the time being of Tongogara Community Share Ownership Trust
SC 130/20
Case Details
Court
Supreme Court
Date
9 October 2020
Citation
SC 130/20
Neutral Citation
[2020] ZWSC 130
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GARWE JA
Full Bench
GWAUNZA DCJGARWE JAMAKONI JA
Areas of Law
Contract LawCivil Procedure
Keywords
stipulatio alterithird party beneficiarylocus standiestate agentcommissioncontract for benefit of third party
Tags
contract lawstipulatio alterilocus standiestate agent commission
legislation
Statutes Cited
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant had locus standi to sue the respondent for commission based on stipulatio alteri doctrine","issue_type":"law","dispositive":"yes","related_facts":"Appellant not party to contract; clause 6.1 wording; no acceptance by appellant"}
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background
Facts of the Case
Background
Appellant estate agent prepared sale agreement between seller and respondent purchaser, inserting clause providing for commission payment. When respondent cancelled agreement, appellant sued for commission relying on stipulatio alteri doctrine. High Court held appellant lacked locus standi. Supreme Court dismissed appeal, finding no intention to make appellant party to contract.
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