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Harare High Court
Birria Investments (Private) Limited v Art Deal (Private) Limited and Hanif Khan
HH 266-10
Case Details
Court
Harare High Court
Date
12 January 2011
Citation
HH 266-10
Neutral Citation
[2010] ZWHH 266
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Commercial litigationCivil procedure
Keywords
Summary judgmentUnliquidated counter-claimBona fide defenceQuantum of damages
Tags
Summary judgmentCounter-claimUnliquidated damagesLease agreement
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the second defendant's unliquidated counter-claim constitutes a bona fide defence to the summary judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"Counter-claim totaling US$98,000, failure to specify quantum, no payment into court"}
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background
Facts of the Case
Background
The plaintiff sought summary judgment against the defendants for breach of a lease agreement. The second defendant raised an unliquidated counter-claim alleging various damages totaling US$98,000, including rent, patrimonial loss, medical expenses, loss of income, immigration costs, defamation, and other claims, seeking to set off this amount against the plaintiff's claim.
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