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Harare High Court
Capital Energy (Pvt) Ltd t/a Agro Contractors and Processors v Ashely Kumbirayi Musikavanhu
HH 33-24
Case Details
Court
Harare High Court
Date
19 January 2024
Citation
HH 33-24
Neutral Citation
[2024] ZWHH 33
Outcome
unknown
Case Type
Trial
Bench
Presiding
Chirawu-Mugomba J
Full Bench
Chirawu-Mugomba J
Areas of Law
Contract lawCommercial lawAgricultural finance
Keywords
Soya bean contractGrowers contractSpecific performanceBreachAgricultural inputs
Tags
Contract lawSpecific performanceBreach of contractAgricultural finance
legislation
Statutes Cited
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant had obligation to deliver soya beans to plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Existence of written growers contract, delivery of inputs"}
- {"issue_text":"Whether defendant breached that obligation and to what extent","issue_type":"mixed","dispositive":"yes","related_facts":"Only 49.8 tonnes delivered from 157 hectares, balance of 374.5 tonnes outstanding"}
- {"issue_text":"What is the appropriate remedy in the circumstances","issue_type":"law","dispositive":"yes","related_facts":"Specific performance claimed, alternative monetary value at US$580 per tonne"}
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background
Facts of the Case
Background
The plaintiff sued the defendant for specific performance or payment of the value of 374.5 tonnes of soya beans not delivered under a 2017/18 growers contract. The plaintiff had advanced inputs and cash worth US$228,449.74 for 1,440 hectares, but the defendant only delivered 49.8 tonnes from 157 hectares planted at Concession farm, leaving a balance of 374.5 tonnes. The defendant claimed late delivery of inputs caused poor yields.
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