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Harare High Court
Brennan’s Diesel Services (Private) Limited v Tenda Bus Service (Private) Limited
HH 11-2012
Case Details
Court
Harare High Court
Date
11 January 2012
Citation
HH 11-2012
Neutral Citation
[2012] ZWHH 11
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Commercial lawContract lawEvidence law
Keywords
Foreign currency debtProof of debtRepair servicesCurrency of account
Tags
Debt claimForeign currency paymentRepair services
legislation
Statutes Cited
- Exchange Control regulations (referred to through the Macape concession)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant agreed to pay for repairs in foreign currency","issue_type":"fact","dispositive":"no","related_facts":"Defendant's managing director denied agreement but admitted subordinates may have paid in foreign currency; plaintiff produced payment schedule in foreign currency"}
- {"issue_text":"Whether plaintiff proved the value of the repairs","issue_type":"mixed","dispositive":"yes","related_facts":"Job cards lacked itemized costs; plaintiff failed to lead evidence on computation of repair costs"}
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background
Facts of the Case
Background
The plaintiff repaired two diesel pumps for the defendant in December 2008 and claimed ZAR 17 353-00 balance. The defendant had made partial payments in foreign currency. The court found an agreement to pay in rands existed but the plaintiff failed to prove the value of the repairs.
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