PROPERTY WORLD (PVT) LTD versus NMB BANK LIMITED

HH 175-18

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Case Details

Court

Harare High Court

Date

28 March 2018

Citation

HH 175-18

Neutral Citation

[2018] ZWHH 175

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUSAKWA J

Full Bench

MUSAKWA J

Areas of Law

Commercial LawContract LawAgency Law

Keywords

commission claimproperty transactionmandateconsensus

Key Issues

{"issue_text":"Whether there was sufficient evidence of a mandate given to the plaintiff by the defendant","issue_type":"law","dispositive":"yes","related_facts":"No signed mandate, no board resolution, plaintiff's concession under cross-examination"}
{"issue_text":"Whether there was consensus on commission payment","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's witness conceded no consensus on who would pay commission"}
{"issue_text":"Whether the defendant was the proper party to sue","issue_type":"procedural","dispositive":"no","related_facts":"Sale agreement was between Tatalogun Investments and Varun Beverages"}

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background

Facts of the Case

Background

The plaintiff claimed commission for facilitating the sale of stand 1824 Ardbennie Township. The defendant, sole shareholder in Tatalogun Investments (Private) Limited which owned the property, denied giving any mandate to the plaintiff to act as its agent. After the plaintiff's witness conceded under cross-examination that there was no consensus on commission payment, the defendant applied for absolution from the instance.

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