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Harare High Court
Elison Kudakwashe Mariko and Ruvimbo Cynthia Maisva v Stohill Investments (Private) Limited t/a Stohill Properties
HH 279-23
Case Details
Court
Harare High Court
Date
8 May 2023
Citation
HH 279-23
Neutral Citation
[2023] ZWHH 279
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Property LawDelictProfessional Negligence
Keywords
estate agentnegligenceduty of careproperty fraudfake title deeddamages
Tags
property fraudestate agent negligencebreach of duty of caredamages claim
legislation
Statutes Cited
- Estate Agents Act
- Estate Agents Act
- Reserve Bank of Zimbabwe Act
- Finance Act (No.2) Act, No.7 of 2019
- Finance Act (No.2) Act, No.7 of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant acted negligently and in breach of its legal duty of care resulting in the plaintiffs' financial loss","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's due diligence process, verification of seller identity, authenticity of title deed"}
- {"issue_text":"Whether the defendant is liable for the plaintiffs' loss","issue_type":"law","dispositive":"yes","related_facts":"Causal link between defendant's conduct and plaintiffs' loss"}
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background
Facts of the Case
Background
The plaintiffs, a married couple, lost US$50,000 paid to a fraudster who posed as the owner of a property in Mount Pleasant Heights, Harare. The defendant estate agent facilitated the transaction but failed to detect that the seller was an imposter using a fake title deed and identity documents. The real owner had died in 2004, but the fraudulent title deed was dated 2009.
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