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Harare High Court
Crest Poultry Group (Private) Limited v Hamish Cameron (Private) Limited
HH 319-13
Case Details
Court
Harare High Court
Date
25 September 2013
Citation
HH 319-13
Neutral Citation
[2013] ZWHH 319
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHIGUMBA J
Full Bench
CHIGUMBA J
Areas of Law
Contract lawDelictProduct liability
Keywords
Defective goodsTiamulinPoultry mortalityChemical toxicityRegistration requirement
Tags
Product liabilityBreach of contractVeterinary medicineDamages
legislation
Statutes Cited
- Civil Evidence Act
- Medicines and Allied Substances Control Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Tiamulin 12.5% supplied by defendant was defective","issue_type":"mixed","dispositive":"yes","related_facts":"Drug caused massive mortality; post mortems showed chemical toxicity; drug unregistered"}
- {"issue_text":"Whether the defective drug caused plaintiff's losses","issue_type":"mixed","dispositive":"yes","related_facts":"Losses occurred immediately after administration; no other causes identified"}
- {"issue_text":"Whether defendant is liable for consequential damages","issue_type":"law","dispositive":"yes","related_facts":"Defendant expert manufacturer; sold for specific purpose; law implies warranty"}
- {"issue_text":"Whether plaintiff properly quantified its loss","issue_type":"fact","dispositive":"no","related_facts":"Finance director calculated loss at US$178,294.00 based on lost egg production"}
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background
Facts of the Case
Background
The plaintiff, a poultry breeding company, purchased Tiamulin 12.5% (Poultry) drug from the defendant in December 2010 to prevent microplasmosis in its flocks. After administering the drug according to instructions, the plaintiff experienced massive bird mortality, reduced egg production, and decreased cock fertility. The defendant had manufactured the drug but failed to register it with the Medicines Control Authority of Zimbabwe as required by law.
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