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Harare High Court
Bulawayo Mining Company (Private) Limited t/a How Mine v DDNS Security Operations (Private) Limited t/a SECURICO
HH 379-25
Case Details
Court
Harare High Court
Date
30 June 2025
Citation
HH 379-25
Neutral Citation
[2025] ZWHH 379
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
DelictContract LawCommercial Law
Keywords
public carrierstrict liabilityvis majorarmed robberygold bullionnegligenceaquilian actionPraetor's Edict
Tags
carrier liabilityvis majorgold bullionarmed robbery
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the loss of gold bullion was caused by vis major","issue_type":"mixed","dispositive":"yes","related_facts":"Armed robbery occurred, defendant's security measures were overwhelmed"}
- {"issue_text":"Whether the defendant breached its obligations to the plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant failed to deliver the bullion, strict liability as public carrier"}
- {"issue_text":"Whether the defendant was negligent in discharging its duties","issue_type":"mixed","dispositive":"no","related_facts":"Alleged inadequate security, failure to use communication devices"}
- {"issue_text":"Whether the defendant is liable to pay US$675,000 to the plaintiff","issue_type":"law","dispositive":"yes","related_facts":"Loss of bullion, defendant's strict liability"}
- {"issue_text":"Whether the plaintiff is liable to pay US$54,617.18 to the defendant","issue_type":"law","dispositive":"yes","related_facts":"Outstanding service fees, currency of payment"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Plaintiff engaged defendant, a security company, to transport 11.95kg of gold bullion worth US$675,000 from How Mine to Bulawayo. During transit, the convoy was ambushed by armed robbers who stole the bullion. Plaintiff sued for the loss, claiming defendant was strictly liable as a public carrier or alternatively negligent. Defendant denied liability, pleading vis major (superior force) and counterclaimed for outstanding service fees.
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