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Harare High Court
Corisco Design Team (CODET) v Zimsun Zimbabwe (Private) Limited
HH 291-11
Case Details
Court
Harare High Court
Date
30 November 2011
Citation
HH 291-11
Neutral Citation
[2011] ZWHH 291
Outcome
unknown
Case Type
Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Civil ProcedureContract LawPleading Rules
Keywords
Striking outRule 141Rule 187AdmissionsOral agreementMemorandum of understanding
Tags
Contract LawProfessional ServicesPleading Irregularities
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant's plea should be struck out for containing contradictory and irregular matter","issue_type":"procedural","dispositive":"no","related_facts":"Defendant's contradictory paragraphs 4.7 and 7.2, and 5.5 and 5.6"}
- {"issue_text":"Whether defendant is deemed to have admitted facts by silence under Rule 187","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's failure to respond to notice to admit facts within ten days"}
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background
Facts of the Case
Background
The plaintiff, a consortium of architects and engineers, claimed US$16,175,740.72 for professional services allegedly rendered under an oral agreement concluded in April 2007 for hotel development projects in Equatorial Guinea. The defendant denied entering into any binding contract and contradicted itself in its plea regarding project approvals and fee liability.
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