Higher Dimensions Estate Agent v David and Anor (HB 56 of 2008) [2008] ZWBHC 45 (28 May 2008)

Higher Dimensions Estate Agent v David and Anor (HB 56 of 2008) [2008] ZWBHC 45 (28 May 2008)

The applicant was not entitled to commission as the mandate had expired and was properly terminated before the applicant procured a buyer.

Citation
[2008] ZWBHC 45
Parties
Applicant: Higher Dimensions Estate Agent; Respondent: Mr and Mrs David
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
28 May 2008
Case Number
HB 56 of 2008
Procedural Posture
Opposed Court Application / Judgment
Outcome
Application dismissed with costs
Legal Topics
Summary Judgment, Agency Commission, Mandate Termination
Source Language
English
Contract Law Agency Law Summary Judgment Agency Commission Mandate Termination

Case Brief

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Parties

Higher Dimensions Estate Agent

Applicant

Mr and Mrs David

Respondent

Procedural Posture

Opposed Court Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to agents’ commission after the mandate expired and was terminated
  2. 2 Whether the respondents had a bona fide defence to the claim for commission

Ratio Decidendi

The applicant was not entitled to commission as the mandate had expired and was properly terminated before the applicant procured a buyer.

Court Disposition

Application dismissed with costs

Orders

  • Application for summary judgment dismissed
  • Applicant to pay costs