African Chrome Fields Private Limited v Adorn Samambwa

Key Issues

• {"issue_text":"Whether there was a verbal lease agreement between the parties at expiry of written lease agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Written lease expired September 2021; parties continued dealing"}
• {"issue_text":"Whether there was a sale agreement between the parties after expiry of written lease agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant claims sale for USD70,000; plaintiff denies sale"}
• {"issue_text":"Whether plaintiff is entitled to payment of USD51,450 being arrear hire fees","issue_type":"mixed","dispositive":"no","related_facts":"Arrears accumulated from December 2021 to October 2022"}
• {"issue_text":"Whether defendant is liable for holding over damages at USD2,250 per week from 16 October 2022","issue_type":"mixed","dispositive":"no","related_facts":"Defendant retains excavator unlawfully"}
• {"issue_text":"Whether unsuccessful party should pay costs on higher scale","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff successful on all claims"}

Background