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Harare High Court
CMED PVT LTD v FIRST OIL COMPANY & 6 ORS
HH 495-13
Case Details
Court
Harare High Court
Date
18 December 2013
Citation
HH 495-13
Neutral Citation
[2013] ZWHH 495
Outcome
unknown
Case Type
Application
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Civil procedureCommercial law
Keywords
exceptioncause of actiondieselfuel supplymisrepresentationdelict
Tags
exceptiondiesel supplynon-deliverycause of action
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the summons and declaration disclose a cause of action against the third defendant?","issue_type":"procedural","dispositive":"yes","related_facts":"Letter from third defendant; non-delivery of fuel; payment made"}
- {"issue_text":"Is the third defendant liable in contract or delict for non-delivery of fuel?","issue_type":"mixed","dispositive":"no","related_facts":"Third defendant's letter; no direct contract with plaintiff"}
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background
Facts of the Case
Background
CMED (plaintiff) sued multiple defendants including the third defendant (National Oil Infrastructure Company) for non-delivery of 3 million litres of diesel worth $2.7 million. The third defendant excepted to the summons arguing it disclosed no cause of action against it, relying on a letter it had written merely confirming it was holding diesel on behalf of Petrograde.
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