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Harare High Court
Mike Makope v Geoffrey Dzumbunu
HH 227/10
Case Details
Court
Harare High Court
Date
27 October 2010
Citation
HH 227/10
Neutral Citation
[2010] ZWHH 227
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mavangira J
Full Bench
Mavangira J
Areas of Law
Property LawContract Law
Keywords
agreement of salecessionestate agent mandatepayment of purchase pricecancellation
Tags
property salecessionestate agentbreach of contract
legislation
Statutes Cited
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Denrose Real Estate was agent for the plaintiff or defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Denrose received payment from plaintiff but did not pass it to defendant"}
- {"issue_text":"Whether the plaintiff paid the purchase price to the defendant","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff paid Denrose but defendant denied receiving payment"}
- {"issue_text":"Whether the cancellation of the agreement was valid","issue_type":"law","dispositive":"yes","related_facts":"No payment received by seller; no written variation as required"}
- {"issue_text":"Whether the plaintiff is entitled to damages","issue_type":"law","dispositive":"yes","related_facts":"Agreement cancelled; no payment made to seller"}
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background
Facts of the Case
Background
The plaintiff claimed damages for breach of an agreement of sale for a flat in Mufakose after the first defendant allegedly cancelled the agreement. The plaintiff had paid the purchase price through estate agents Denrose Real Estate but the seller denied receiving payment. The court found that no payment was made to the seller and the estate agents were merely stakeholders, not agents of the seller.
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