HH 461-18 DAPHINE NYANDORO versus DEEP HORIZON REAL ESTATE AGENTS & Anor

DAPHINE NYANDORO

versus

DEEP HORIZON REAL ESTATE AGENTS

and

VOSTER SAWAYA

 

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE J

HARARE, 22, 23 January 2018 & 8 August, 2018

 

 

 

Civil Trial

 

N Chikowore, for the plaintiff

H P Ingabire, for the 1st and 2nd defendants

 

 

            CHITAKUNYE J. On the 18th February 2015 the plaintiff sued the defendants, jointly and severally, the one paying the other to be absolved for:

1.      Payment in the sum of US$11 000.00;

2.      Interest on the sum of US$ 11 000.00 at the prescribed rate from the date of service of summons to date of payment in full; and

3.      Costs of suit.

            The defendants denied liability in toto. The facts leading to this matter were as follows:

            On 31st October 2012 the first defendant was given a mandate to sell an immovable property namely Stand  11499 Glen View Township measuring 442 sq metres also known as No. 11499 Glen View 7, Harare by a person purporting to be Mary Fungai Pisira. The first defendant duly advertised the property in the Herald Newspaper. The second defendant, who had previously been approached by plaintiff seeking an immovable property to buy, duly 

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