Sabinah Rwatizha and 162 others vs Luna Estates (Private) Limited and Devine Aid Trust Company (Private) Limited

HH 261-21

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Case Details

Court

Harare High Court

Date

26 May 2021

Citation

HH 261-21

Neutral Citation

[2021] ZWHH 261

Outcome

unknown

Case Type

Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Contract LawAgency LawProperty Law

Keywords

Ostensible AuthorityLand Development AgreementDeclaratory OrderAgency Relationship

Key Issues

{"issue_text":"Whether the first respondent can be held liable on the basis of ostensible authority for the 21 applicants who signed agreements after the termination of the land development agreement","issue_type":"law","dispositive":"yes","related_facts":"Termination date, lack of public notice, continued use of standard agreements"}
{"issue_text":"Whether applicants should be awarded costs at legal practitioner and client scale","issue_type":"law","dispositive":"yes","related_facts":"First respondent's attitude, previous litigation history, unnecessary litigation"}

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background

Facts of the Case

Background

163 applicants sought a declaratory order validating their agreements of sale for residential and business stands purchased from Luna Estates (Private) Limited through Devine Aid Trust Company (Private) Limited as agent. The first respondent conceded to the order for 142 applicants but resisted for 21 applicants who signed agreements after the land development agreement was terminated on 20 July 2017.

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