Coronsel Investments (Private) Limited v Spar Harare (Pvt) Ltd t/a Arundel Village Spar

HH 51-2006

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Case Details

Court

Harare High Court

Date

10 May 2006

Citation

HH 51-2006

Neutral Citation

[2006] ZWHH 51

Outcome

unknown

Case Type

Application

Bench

Presiding

CHATUKUTA J

Full Bench

CHATUKUTA J

Areas of Law

Contract LawCommercial LawAgency Law

Keywords

Contract validityFraudulent alterationOstensible authorityVicarious liabilityPayment for goods delivered

Key Issues

{"issue_text":"Whether valid contract exists despite alleged fraudulent actions of respondent's employee","issue_type":"mixed","dispositive":"yes","related_facts":"Bernard's alteration of orders, ostensible authority"}
{"issue_text":"Whether applicant entitled to payment of $255,689,400 plus interest at 160% per annum","issue_type":"law","dispositive":"yes","related_facts":"Contract validity, delivery of goods"}
{"issue_text":"Whether applicant entitled to costs on attorney and client scale","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's defence conduct"}

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background

Facts of the Case

Background

Applicant delivered 200 rolls of thermal shelf talkers and 1000 rolls of thermal computer labels valued at $255,689,400 to respondent. Respondent refused payment alleging its employee Bernard fraudulently altered order quantities without authorization and in connivance with applicant's employees. Respondent reported matter to police and Bernard was arrested.

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