№ files_lp_4_process_3_103784
High Court of Zimbabwe civil appeal judgment addressing whether an estate agent not party to a property sale agreement had locus standi to claim commission from the purchaser under a contractual penalty clause after cancellation of the agreement.
Year: 2018
Country: Zimbabwe
Court: High Court of Zimbabwe
Case name: R M Africa Property Consultants versus Johannes Muchimika
Type of document: Civil appeal judgment
Judges: Mwayera J; Munangati-Manongwa J
Place of hearing: Harare
Hearing date: 18 July 2017
Judgment date: 18 January 2018
Parties: R M Africa Property Consultants (appellant); Johannes Muchimika (respondent)
Legal representatives: T. S. Manjengwah (for the appellant); G. Simango (for the respondent)
Subject: Estate agent commission dispute arising from cancellation of an immovable property sale agreement
Related parties: Estate Late Stephen Omar Hayisa represented by Francis Haisa (Executor Dative); Delscart Properties (Pvt) Ltd
Legislation cited: Estate Agents Act [Chapter 27:17]
Key legal issue: Locus standi of an estate agent to claim commission from a purchaser under a penalty clause in a sale agreement
Monetary amount claimed: USD 4,427.50
Outcome: Appeal dismissed with costs
Price: 8 / 10 USD
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