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Harare High Court
CBZ Bank Limited v Joel Mambara T/A Mambara & Partners
HH 527-18
Case Details
Court
Harare High Court
Date
19 September 2018
Citation
HH 527-18
Neutral Citation
[2018] ZWHH 527
Outcome
unknown
Case Type
Trial
Bench
Presiding
Charewa J
Full Bench
Charewa J
Areas of Law
DelictProfessional negligenceBanking lawConveyancing law
Keywords
Legal practitioner negligenceTrust fundsMortgage bondProperty transferBreach of professional duty
Tags
Professional negligenceTrust account mismanagementConveyancing malpractice
legislation
Statutes Cited
- Regional Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant acted improperly by releasing purchase price before transfer where plaintiff financed purchase and required mortgage bond registration","issue_type":"mixed","dispositive":"yes","related_facts":"Trust funds deposited; agreement required payment against transfer; no transfer occurred"}
- {"issue_text":"Whether defendant is liable to reimburse plaintiff for money advanced","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff prejudiced by loss of security; defendant breached professional duty"}
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background
Facts of the Case
Background
CBZ Bank advanced $150,000 to finance property purchase, deposited into defendant's trust account. Defendant, acting as conveyancer, released funds to seller before property transfer and mortgage bond registration, despite agreement requiring payment against transfer. Property was later sold to third party, leaving bank without security.
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