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Harare High Court

Agriculture Bank of Zimbabwe Ltd t/a Agribank v Datanet Technology Zimbabwe

HH 30-2008

Case Details

Court
Harare High Court
Date
11 June 2008
Citation
HH 30-2008
Neutral Citation
[2008] ZWHH 30
Outcome
unknown
Case Type
Trial

Bench

Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Contract LawCommercial Law
Keywords
breach of contractspecific performancedamagescomputer supplyforeign currency
Tags
breach of contractspecific performancedamagessupply of goods
legislation
Statutes Cited
  • None cited
ai analysis
Case Summary

Key Issues

  • {"issue_text":"What were the terms of the agreement between the parties?","issue_type":"mixed","dispositive":"yes","related_facts":"Contract concluded without written terms, payment made, partial delivery effected"}
  • {"issue_text":"Whether it was agreed that defendant would supply computers upon receiving foreign currency allocation","issue_type":"fact","dispositive":"yes","related_facts":"Defendant's claim of foreign currency condition, plaintiff's denial"}
  • {"issue_text":"Whether the plaintiff is entitled to the order sought","issue_type":"law","dispositive":"yes","related_facts":"Breach of contract established"}
  • {"issue_text":"Whether the defendant is liable to the plaintiff in damages","issue_type":"law","dispositive":"yes","related_facts":"Non-delivery of 20 computers, breach established"}
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background
Facts of the Case

Background

The plaintiff bank ordered 30 IBM A50 desktop computers from the defendant at a total cost of $340,183,800.00. Full payment was made on 28 February 2005, and 10 computers were delivered on 2 March 2005, but the remaining 20 computers were never delivered despite repeated demands.
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