Callander Enterprises (Private) Limited and Makomborero Muza v Econet Wireless (Private) Limited

HH 232-18

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Case Details

Court

Harare High Court

Date

9 May 2018

Citation

HH 232-18

Neutral Citation

[2018] ZWHH 232

Outcome

unknown

Case Type

Trial

Bench

Presiding

Matanda-Moyo J

Full Bench

Matanda-Moyo J

Areas of Law

Contract LawUnjustified EnrichmentCivil Procedure

Keywords

prescriptionsim cardsverbal agreementbuddie lines

Key Issues

{"issue_text":"Whether the plaintiff's claim has prescribed in terms of the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Debt became due in 2011, summons served in 2016"}
{"issue_text":"Whether the plaintiff's declaration discloses a cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"Declaration based on both breach of contract and unjust enrichment"}
{"issue_text":"Whether unjust enrichment has been properly pleaded","issue_type":"procedural","dispositive":"no","related_facts":"Claim based on both contract and unjust enrichment without alternative pleading"}

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background

Facts of the Case

Background

The plaintiffs sued the defendant for $54,000 based on unjust enrichment, alleging they purchased 2,700 shared phone sim cards in 2008 under a verbal agreement with the defendant, who later converted them to buddie lines without compensation. The defendant raised prescription as a defence, arguing the claim became due in 2011 but summons were only served in 2016.

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