Ex-parte Matilda Katopola (92 of 2008) [2009] MWHC 21 (5 April 2009)

The plaintiff failed to prove on a balance of probabilities that his decision to buy the house was induced by a valuation report containing a misrepresentation, as the report was not shown to him prior to the sale and was not referenced in the transaction documents.

Source-derived case information.

Citation: [2009] MWHC 21
Parties: Plaintiff: Kondwani Kazembe; 1st Defendant: Goodnews Estate Agents; 2nd Defendant: Mr Wawanya t/a Landed Property Agents; 3rd Defendant: Indefund
Court: High Court of Malawi
Jurisdiction: Malawi
Judgment Date: 5 April 2009
Case Number: 92 of 2008
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's action dismissed with costs to the defendants
Legal Topics: Misrepresentation, Rescission of Contract, Damages
Source Language: english

Contract Law Misrepresentation Rescission of Contract Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kondwani Kazembe

Plaintiff

Goodnews Estate Agents

1st Defendant

Mr Wawanya t/a Landed Property Agents

2nd Defendant

Indefund

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff was induced into the contract by a misrepresentation in the valuation report regarding the construction material of the house

Ratio Decidendi

Court Disposition

Plaintiff's action dismissed with costs to the defendants

Orders

Plaintiff's action dismissed
Plaintiff to pay costs to the defendants

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