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Harare High Court

Oliver Chiperesa and Lyoba Chiperesa v Lovemore Tanyany Iwa Madzikanda and The Sheriff, Harare and The Registrar of Deeds

HH 590-17

Case Details

Court
Harare High Court
Date
6 September 2017
Citation
HH 590-17
Neutral Citation
[2017] ZWHH 590
Outcome
unknown
Case Type
Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawContract Law
Keywords
specific performancebreach of contractestate agentactio quanti minorisland saletransfer of property
Tags
specific performancecontract of salebreach of contractestate agentactio quanti minoris
legislation
Statutes Cited
  • Estate Agents Act
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether payment to the seller's authorised estate agent discharges the buyer's obligation to pay","issue_type":"law","dispositive":"yes","related_facts":"Applicants paid full purchase price to Trevor Dollar Real Estate, the first respondent's chosen agent"}
  • {"issue_text":"Whether the death of the estate agent before remitting funds excuses the seller from transferring the property","issue_type":"law","dispositive":"yes","related_facts":"Estate agent Duncan Dollar died without remitting the purchase price to the first respondent"}
  • {"issue_text":"Whether the applicants are entitled to compensation for the reduction in stand size","issue_type":"law","dispositive":"no","related_facts":"Stand reduced from 2025 to 1982 square metres, a difference of 43 square metres valued at US$1,486"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants purchased a piece of land from the first respondent through his estate agent, paid the full purchase price of US$70,000, but the first respondent refused to transfer the property after the estate agent died without remitting the funds. The applicants sought specific performance and compensation for a reduction in stand size.
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