Mbundire & Anor v Dalso Properties (Pvt) Ltd. & Ors (HC 9492 of 2013; HH 15 of 2017) [2017] ZWHHC 15 (12 January 2017)

Mbundire & Anor v Dalso Properties (Pvt) Ltd. & Ors (HC 9492 of 2013; HH 15 of 2017) [2017] ZWHHC 15 (12 January 2017)

The respondents raised triable issues regarding breach of contract, duress in signing the settlement, and the quantum of the claim, thus meeting the threshold to resist summary judgment. The application for summary judgment is dismissed.

Citation
[2017] ZWHHC 15
Parties
Applicant: Matthew Mbundire; Applicant: Fadzayi Mbundire; Respondent: Dalso Properties (Private) Limited; Respondent: Lennon Muchingadare; Respondent: Estate Agent Council
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 January 2017
Case Number
HC 9492 of 2013 ; HH 15 of 2017
Procedural Posture
Civil / Application for Summary Judgment
Outcome
application dismissed
Legal Topics
Summary Judgment, Breach of Contract, Duress, Damages
Source Language
English
Civil Procedure Contract Summary Judgment Breach of Contract Duress Damages

Case Brief

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Parties

Matthew Mbundire

Applicant

Fadzayi Mbundire

Applicant

Dalso Properties (Private) Limited

Respondent

Lennon Muchingadare

Respondent

Estate Agent Council

Respondent

Procedural Posture

Civil / Application for Summary Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to summary judgment for the claimed amount
  2. 2 Whether the respondents have a bona fide defence to the claim
  3. 3 Whether the deed of settlement was signed under duress

Ratio Decidendi

The respondents raised triable issues regarding breach of contract, duress in signing the settlement, and the quantum of the claim, thus meeting the threshold to resist summary judgment. The application for summary judgment is dismissed.

Court Disposition

application dismissed

Orders

  • The application for summary judgment is dismissed with costs.