Tevera v Makaranga (HB 175 of 2015; HC 78 of 2015) [2015] ZWBHC 175 (2 September 2015)

Tevera v Makaranga (HB 175 of 2015; HC 78 of 2015) [2015] ZWBHC 175 (2 September 2015)

The respondent, having appointed the agent and clothed him with authority, is bound by the sale transaction concluded by the agent with the applicant. The applicant paid the purchase price to the agent, and any loss due to the agent's failure to remit funds is the respondent's risk. The respondent cannot withhold the registration book from the applicant while simultaneously seeking payment from the agent.

Citation
[2015] ZWBHC 175
Parties
Applicant: Patrick Tevera; Respondent: Godfrey Makaranga
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
2 September 2015
Case Number
HB 175 of 2015 ; HC 78 of 2015
Procedural Posture
Opposed Application / Judgment
Outcome
Application granted
Legal Topics
Agency Relationship, Sale of Goods, Principal and Agent Liability, Transfer of Ownership
Source Language
English
Civil Law Agency Law Agency Relationship Sale of Goods Principal and Agent Liability Transfer of Ownership

Case Brief

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Parties

Patrick Tevera

Applicant

Godfrey Makaranga

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to delivery of the registration book for the motor vehicle purchased through the respondent's agent
  2. 2 Whether the respondent can withhold the registration book due to non-payment by the agent

Ratio Decidendi

The respondent, having appointed the agent and clothed him with authority, is bound by the sale transaction concluded by the agent with the applicant. The applicant paid the purchase price to the agent, and any loss due to the agent's failure to remit funds is the respondent's risk. The respondent cannot withhold the registration book from the applicant while simultaneously seeking payment from the agent.

Court Disposition

Application granted

Orders

  • Respondent to deliver the registration book for Mercedes Benz registration number ACR 3360 to the applicant.