Aaron Nyarugwe v Dharwizi Transport (Private) Limited

LC/H/93/23

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Case Details

Court

Harare High Court

Date

1 January 2012

Citation

LC/H/93/23

Outcome

unknown

Case Type

Trial

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Contract LawCommercial LawMotor Vehicle Sales

Keywords

Agreement of SaleAgency AgreementPro Forma InvoiceRTGS PaymentToyota HiluxSpecific PerformanceDamages

Key Issues

[ISSUES] - issue_text: Whether the parties concluded a contract of sale or one of agency issue_type: mixed related_facts: Pro forma invoice, payment made, defendant's claims of foreign currency arrangement dispositive: yes - issue_text: What are the terms of the contract between the parties issue_type: fact related_facts: Quotation, pro forma invoice, payment instructions, delivery terms dispositive: yes - issue_text: What is the defendant's liability to the plaintiff for breach of contract issue_type: law related_facts: Failure to deliver vehicles, plaintiff's performance, market value of vehicles dispositive: yes

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background

Facts of the Case

Background

Barclays Bank of Zimbabwe Limited entered into an agreement with Zodella Enterprises for the purchase of two Toyota Hilux IMV motor vehicles. The plaintiff paid the agreed price of ZW$99,760,000 via RTGS transfer, but the defendant failed to deliver the vehicles. The defendant claimed the transaction was an agency agreement for foreign currency procurement, not a sale.

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