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Harare High Court
Daphine Nyandoro v Deep Horizon Real Estate Agents and Voster Sawaya
HH 461-18
Case Details
Court
Harare High Court
Date
8 August 2018
Citation
HH 461-18
Neutral Citation
[2018] ZWHH 461
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
DelictProperty lawProfessional negligence
Keywords
Estate agent negligenceProperty fraudDuty of careVicarious liability
Tags
Real estateNegligenceVicarious liabilityFraud
legislation
Statutes Cited
- Estate Agents Professional Conduct Rules, 1987
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether second defendant was negligent in failing to verify seller's identity and title","issue_type":"mixed","dispositive":"yes","related_facts":"Imposter seller, failure to check head office records, assurance given to plaintiff"}
- {"issue_text":"Whether first defendant is vicariously liable for second defendant's negligence","issue_type":"law","dispositive":"yes","related_facts":"Employment relationship, transaction within scope of employment"}
- {"issue_text":"Whether first defendant released funds without plaintiff's authorization","issue_type":"fact","dispositive":"no","related_facts":"Written authorization given, but based on assurances"}
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background
Facts of the Case
Background
The plaintiff paid US$11,000 to purchase a property through the defendants, who were estate agents. It transpired that the purported seller was an imposter, as the real owner had died in 2004. The plaintiff sued the defendants for negligence in failing to verify the seller's identity and title.
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