R M Africa Property Consultants v Johannes Muchimika

HH 20-18

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Case Details

Court

Harare High Court

Date

18 January 2018

Citation

HH 20-18

Neutral Citation

[2018] ZWHH 20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Munangati-Manongwa J

Full Bench

Munangati-Manongwa JMawayera J

Areas of Law

Contract LawProperty LawEstate Agency Law

Keywords

Estate agent commissionPenalty clauseBreach of contractThird party rightsLocus standi

Key Issues

{"issue_text":"Whether appellant had locus standi/cause of action to claim commission from respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant was not party to agreement of sale; appellant facilitated sale as estate agent"}
{"issue_text":"Whether penalty clause in agreement made respondent liable for estate agent's commission","issue_type":"mixed","dispositive":"no","related_facts":"Clause 13.4 stated defaulting party liable for commission; common law position makes seller liable"}

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background

Facts of the Case

Background

An estate agency facilitated a property sale between a seller and respondent buyer. When the buyer failed to raise purchase price and the sale was cancelled, the agency claimed commission based on a penalty clause in the agreement. The court a quo dismissed the claim and the agency appealed.

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