Zvikomborero Murahwi v Pam Golding Properties

Key Issues

• {"issue_text":"Whether the plaintiff is entitled to a declaration that the defendant is indebted to him in the sum of USD 168,127.02.","issue_type":"law","dispositive":"yes","related_facts":"Defendant received funds, failed to remit, plaintiff instructed transfer to conveyancers."}
• {"issue_text":"Whether the defendant is liable to pay contractual damages for breach of the agency contract.","issue_type":"law","dispositive":"yes","related_facts":"Defendant's failure to timeously remit funds, failure to cancel sale agreement."}
• {"issue_text":"Whether the defendant breached its mandate agreement by failing to remit the funds.","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's instructions to transfer funds to conveyancers."}
• {"issue_text":"Whether the defendant dispensed with its obligation to remit the funds upon plaintiff's instruction.","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's email instructions on 10 and 11 September 2018."}
• {"issue_text":"Whether the defendant still holds money on behalf of the plaintiff.","issue_type":"fact","dispositive":"yes","related_facts":"Funds transferred to and held by conveyancers."}
• {"issue_text":"Whether the defendant was responsible for cancelling the sale agreement.","issue_type":"law","dispositive":"yes","related_facts":"Defendant was not a party to the agreement of sale."}

Background