Ester Gandahwa v Joshua Gopoza and Fanuel Kapanje and Marimba Industrial Properties Limited and Registrar of Deeds

Key Issues

• {"issue_text":"Whether the applicant has a cause of action against the second and third respondents given the doctrine of privity of contract","issue_type":"law","dispositive":"no","related_facts":"Applicant contracted only with first respondent; no contractual relationship with second and third respondents"}
• {"issue_text":"Which of the two competing agreements of sale should be given effect to in a double sale scenario where neither purchaser has taken transfer","issue_type":"mixed","dispositive":"yes","related_facts":"Double sale within days; first purchaser paid deposit; second purchaser paid full price and took occupation"}
• {"issue_text":"Whether the second respondent has established special circumstances to tilt the balance of equities in his favour","issue_type":"mixed","dispositive":"yes","related_facts":"Second respondent paid higher price, took occupation, effected improvements, engaged title holder"}

Background