Misheck Mawema v Elshadai Housing Cooperative

Key Issues

• {"issue_text":"Whether applicants have a direct and substantial interest in the subject matter","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are buyers of the stand"}
• {"issue_text":"Whether the November 2011 offer created a legally valid contract between the parties","issue_type":"law","dispositive":"yes","related_facts":"Offer letter issued, payment made, stand allocated"}
• {"issue_text":"Whether respondent is in breach of its contractual obligations","issue_type":"law","dispositive":"yes","related_facts":"Respondent attempted to resell stand at different price"}
• {"issue_text":"Whether respondent is legally bound and liable for transactions contracted by its employee","issue_type":"law","dispositive":"yes","related_facts":"Employee acted within scope of employment"}
• {"issue_text":"Whether applicants are entitled to consequential relief","issue_type":"mixed","dispositive":"yes","related_facts":"Contract valid, respondent in breach"}

Background