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Harare High Court

Astra Steel & Engineering Supplies (Pvt) Ltd v P M Manufacturing (Pvt) Ltd

HH 112-2012

Case Details

Court
Harare High Court
Date
14 March 2012
Citation
HH 112-2012
Neutral Citation
[2012] ZWHH 112
Outcome
unknown
Case Type
Trial

Bench

Presiding
Mutema J
Full Bench
Mutema J
Areas of Law
Contract lawCivil procedure
Keywords
Tyre supply contractBreach of contractAbsolution from the instanceThird party suppliers
Tags
Contract lawSupply agreementAbsolution from the instance
legislation
Statutes Cited
  • None - no statutes were cited in this judgment
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there is evidence upon which a reasonable court might find for plaintiff at close of plaintiff's case","issue_type":"procedural","dispositive":"yes","related_facts":"All evidence adduced by plaintiff"}
  • {"issue_text":"Whether defendant acted as principal or agent in tyre supply agreement","issue_type":"mixed","dispositive":"no","related_facts":"Defendant received payment, contracted with Solution Motors separately, never disclosed third party initially"}
  • {"issue_text":"Whether there was privity of contract between plaintiff and Solution Motors","issue_type":"law","dispositive":"no","related_facts":"Solution Motors first contacted plaintiff months after agreement, plaintiff consistently dealt with defendant only"}
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background
Facts of the Case

Background

The plaintiff paid Z$2.75 trillion for 2,200 tyres to be delivered by defendant by 21 March 2008. Only 200 tyres were delivered. Plaintiff sued for delivery of balance or US$200,000 representing current market value. Defendant claimed it merely sourced tyres from third party Solution Motors as plaintiff's agent.
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