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Harare High Court
NELLIE WANJOWA versus GUEST AND TANNER REAL ESTATE (PVT) LTD
HH 808-17
Case Details
Court
Harare High Court
Date
6 December 2017
Citation
HH 808-17
Neutral Citation
[2017] ZWHH 808
Outcome
unknown
Case Type
Trial
Bench
Presiding
MATANDA-MOYO J
Full Bench
MATANDA-MOYO J
Areas of Law
Property LawDelictEstate Agent Law
Keywords
Estate AgentDuty of CareMisrepresentationDamagesProfessional NegligenceReal Estate Transaction
Tags
Estate AgentDamagesProfessional NegligenceReal Estate
legislation
Statutes Cited
- Estates Agent (Professional Conduct) Rules
- Estates Agents Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant acted diligently, professionally and in accordance with requirements of law in exercise of duties as estate agent","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's mandate, due diligence conducted, professional standards"}
- {"issue_text":"Whether plaintiff suffered damages as result of defendant's actions","issue_type":"fact","dispositive":"yes","related_facts":"Payment of funds, lack of mandate, due diligence"}
- {"issue_text":"Amount of damages due to plaintiff from defendant","issue_type":"fact","dispositive":"yes","related_facts":"$46,750 claimed, $50,000 paid"}
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background
Facts of the Case
Background
Plaintiff engaged defendant estate agent to purchase a residential stand. Defendant represented itself as agent of the owners but lacked proper mandate. Plaintiff paid $50,000 towards purchase price but later discovered potential fraud. Plaintiff claims damages of $46,750 for defendant's breach of duty of care and misrepresentation.
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