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Harare High Court

Matrix Realty Private Limited vs Trustees for the Time Being of Tongogara Community Share Ownership Trust

HH 740-18

Case Details

Court
Harare High Court
Date
31 October 2018
Citation
HH 740-18
Neutral Citation
[2018] ZWHH 740
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Contract LawAgency Law
Keywords
commissionagencycontractbreachlocus standi
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Matrix Realty, as a non-party to the contract, has locus standi to sue for commission payment when the buyer breached the agreement","issue_type":"law","dispositive":"yes","related_facts":"Matrix Realty was not a party to the agreement of sale between Kelor and respondent"}
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background
Facts of the Case

Background

Matrix Realty Private Limited, an estate agent, brokered an agreement of sale between respondent Tongogara Community Share Ownership Trust and Kelor (Pvt) Ltd for the sale of immovable property worth US$950,000. The agreement included a commission clause stating that if any party breached the agreement causing cancellation, the defaulting party would be liable for the agent's commission. When the respondent cancelled the agreement, Matrix Realty sued for commission payment of US$54,625.00.
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