SENIORS SERVICE (PVT) LTD v NYONI 1986 (2) ZLR 293 (S)

Flynote

Agency — authority — ostensible authority — act normally within power of person in same capacity as employee — representation — failure to give any indication of limitation on employee's authority.

Headnote

An employee may derive an ostensible authority to perform an act not within his actual or implied power where persons employed in that particular capacity generally have authority to do what he did. An estate agent's negotiator possessed of business cards and specifically named as a person to be contacted in newspaper advertisements possessed ostensible authority to receive money being a deposit paid by an interested purchaser on property being sold through the estate agents concerned.