Mrs. Waters a 70 year old lady is approached by Mr. Dzingai to sell her house in Bulawayo to him 20 000 British pounds. Mr. Dzingai undertakes to pay the money to her by depositing it into a bank account held by Mrs. Waters in London. In order to disguise their transaction Mrs. Waters is to effect transaction Mrs. Waters is to effect transfer of property into the name of Mr. Dzingai by 28 February 2014, when he is to have paid the full purchase price, reflected therein as $30 000 united States dollars which they had agreed earlier would be the equivalent to the price in British pounds. Mr. Dzingai pays an amount of 17 000 British pounds into Mrs. Waters account with her bankers in London and furnishes her with deposit slips in respect of these payments. Mr. Dzingai, through his sister in Bulawayo, approaches Mrs. Waters late at night asking her to sign an undated document reflecting an altered exchange rate. His sister’s explanation to Mrs. Waters of the necessity for the altered agreement is that Mr. Dzingai requires this agreement for purposes of obtaining a loan in the United Kingdom to pay the balance of the purchase price. She then, through another lawyer, demands transfers of the property into her name, on the basis of this agreement, alleging that the purchase price has been paid in full. Advise Mrs. Waters fully as to the rights and remedies available to her, referring to decided cases. [25marks]

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