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Harare High Court
Blumo Trading (Private) Limited t/a Colcom Commodities v Morgan Mduvuri
HH 88-2012
Case Details
Court
Harare High Court
Date
3 February 2012
Citation
HH 88-2012
Neutral Citation
[2012] ZWHH 88
Outcome
unknown
Case Type
Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Commercial litigationContract law
Keywords
Summary judgmentContractual penaltyInterestMaize deliveryLate filing
Tags
Summary judgmentContractual penaltyInterest rates
legislation
Statutes Cited
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent has a prima facie defence to defeat summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent signed delivery documents; price was agreed"}
- {"issue_text":"Whether 10% monthly interest penalty is excessive under Contractual Penalties Act","issue_type":"law","dispositive":"no","related_facts":"Contract provided for 10% monthly compounded penalty"}
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background
Facts of the Case
Background
The respondent delivered maize to the applicant and disputed the agreed purchase price. The applicant sought summary judgment. The respondent failed to file heads of argument timeously and was automatically barred.
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