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Harare High Court
Matthew Mbundire and Fadzayi Mbundire v Dalso Properties (Private) Limited and Lennon Muchingadare and Estate Agent Council
HH 15-17
Case Details
Court
Harare High Court
Date
12 January 2017
Citation
HH 15-17
Neutral Citation
[2017] ZWHH 15
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Civil ProcedureContract Law
Keywords
summary judgmentsettlement agreementbreach of contractfraud charges
Tags
summary judgmentbreach of agreementsettlement agreement
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents have raised bona fide defences to the summary judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"Settlement agreement signed under alleged duress, dispute over quantum, potential counterclaim"}
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background
Facts of the Case
Background
The applicants paid a $20,000 deposit to respondents for purchase of immovable property. The respondents allegedly sold the property to a third party and failed to refund the deposit. After police fraud charges were laid, the parties entered a written settlement agreement for repayment by 31 December 2012. Only $5,000 was paid leaving $15,000 outstanding, which the applicants sought to recover through summary judgment.
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