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Harare High Court
Sunbeach Properties (Private) Limited v National Social Security Authority and Registrar of Deeds
HH 117-13
Case Details
Court
Harare High Court
Date
24 April 2013
Citation
HH 117-13
Neutral Citation
[2013] ZWHH 117
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUSAKWA J
Full Bench
MUSAKWA J
Areas of Law
Commercial lawProperty lawAgency law
Keywords
Estate agent commissionMandateProperty transactionAbsolution from the instance
Tags
Estate agencyCommissionProperty saleAgency mandate
legislation
Statutes Cited
- Estate Agents Act [Chapter 27:05] (parent statute)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff established prima facie case for commission despite lacking written mandate","issue_type":"mixed","dispositive":"yes","related_facts":"No written mandate; no written acceptance; verbal commission agreement disputed"}
- {"issue_text":"Whether plaintiff complied with Estate Agents Regulations regarding disclosure of lack of mandate","issue_type":"law","dispositive":"yes","related_facts":"Section 10(2) requirements not met"}
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background
Facts of the Case
Background
Plaintiff estate agent claimed commission from defendant for facilitating sale of property (Chibuku House) between Total Zimbabwe and defendant. Plaintiff had no written mandate from seller and defendant denied instructing plaintiff. Property was eventually sold without plaintiff's further involvement.
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