Kazingizi & Anor v Equity Properties (Pvt) Ltd. (HC 6195 of 2015) [2015] ZWHHC 797 (14 October 2015)

Kazingizi & Anor v Equity Properties (Pvt) Ltd. (HC 6195 of 2015) [2015] ZWHHC 797 (14 October 2015)

The defendant undertook to refund the plaintiffs' deposit without delay if no sale agreement was concluded. No sale agreement was entered into, and the defendant partially refunded the deposit, thereby electing to refund. The defendant cannot impose new conditions or refuse to pay the balance, and has no bona fide defence to the claim.

Citation
[2015] ZWHHC 797
Parties
Plaintiff: Peter Kazingizi; Plaintiff: Theresa Muchabaiwa Kazingizi; Defendant: Equity Properties (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
14 October 2015
Case Number
HC 6195 of 2015
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment for plaintiffs
Legal Topics
Summary Judgment, Refund of Deposit, Agreement to Agree, Interpretation of Undertakings
Source Language
English
Contract Law Civil Procedure Summary Judgment Refund of Deposit Agreement to Agree Interpretation of Undertakings

Case Brief

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Parties

Peter Kazingizi

Plaintiff

Theresa Muchabaiwa Kazingizi

Plaintiff

Equity Properties (Pvt) Ltd

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant is obliged to refund the plaintiffs the outstanding deposit after failure to conclude a sale agreement
  2. 2 Whether the defendant's proposed conditions for refund are enforceable
  3. 3 Whether the defendant has a bona fide defence to the summary judgment application

Ratio Decidendi

The defendant undertook to refund the plaintiffs' deposit without delay if no sale agreement was concluded. No sale agreement was entered into, and the defendant partially refunded the deposit, thereby electing to refund. The defendant cannot impose new conditions or refuse to pay the balance, and has no bona fide defence to the claim.

Court Disposition

summary judgment for plaintiffs

Orders

  • Summary judgment entered in favour of the plaintiffs against the defendant for $26,353.00 plus interest at the prescribed rate from due date to payment in full.
  • Costs of suit on an ordinary scale.