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Harare High Court
Scott John Smith and Dustine Anne Smith v Kojo Malcom Paris and Kingdom Bakery (Private) Limited and Registrar of Deeds
HH 162-13
Case Details
Court
Harare High Court
Date
22 May 2013
Citation
HH 162-13
Neutral Citation
[2013] ZWHH 162
Outcome
unknown
Case Type
Trial
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Contract LawProperty LawAgency Law
Keywords
Specific PerformanceContract of SaleImmovable PropertyOffer and AcceptanceAgencyEstate Agent
Tags
Contract LawProperty LawAgency Law
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there was a valid and binding contract of sale between the plaintiffs and first defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged oral agreement, payment of deposit, preparation of written agreement, seller's refusal to sign"}
- {"issue_text":"Whether Mossdorf had authority to bind Parris to the contract","issue_type":"law","dispositive":"no","related_facts":"Mossdorf's mandate as estate agent, Parris's instructions regarding minimum price"}
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background
Facts of the Case
Background
The plaintiffs claimed they entered into an oral agreement to purchase a house from the first defendant through his estate agent. They paid a deposit, but the seller refused to proceed, claiming no binding contract existed. The court had to determine whether a valid contract of sale was concluded.
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