Michael Maposa v CFX Bank (Private) Limited

HH 66-2011

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Case Details

Court

Harare High Court

Date

11 January 2011

Citation

HH 66-2011

Neutral Citation

[2011] ZWHH 66

Outcome

unknown

Case Type

Trial

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Contract LawBanking Law

Keywords

Double saleContractual damagesRefundBreach of contract

Key Issues

{"issue_text":"Whether the agreement between the parties is legally enforceable and has been breached by the defendant","issue_type":"mixed","dispositive":"no","related_facts":"Double sale of property, cancellation of agreement"}
{"issue_text":"Whether the defendant is liable to the plaintiff in contractual damages","issue_type":"law","dispositive":"yes","related_facts":"Breach of contract, tender of refund, impossibility of specific performance"}
{"issue_text":"What is the quantum of damages payable to the plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Amount of refund tendered, property valuations, currency devaluation"}

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background

Facts of the Case

Background

The defendant bank sold the same property twice - first to POSB in June 2006, then to the plaintiff in July 2006. Upon discovering the error, the defendant cancelled the plaintiff's sale and offered a refund with interest, which the plaintiff rejected. The plaintiff sought specific performance which was dismissed, then claimed US$50,000 in damages.

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