Dairibord Zimbabwe (Pvt) Ltd v Kenny Chivandire T/A Chivandire Dairy

HH 90-23

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Case Details

Court

Harare High Court

Date

8 February 2023

Citation

HH 90-23

Neutral Citation

[2023] ZWHH 90

Outcome

unknown

Case Type

Application

Bench

Presiding

CHILIMBE J

Full Bench

CHILIMBE J

Areas of Law

Contract LawCommercial Law

Keywords

Forward Sale AgreementContract ValidityConsensusPretiumContract Interpretation

Key Issues

{"issue_text":"Whether there was a valid contract between the parties","issue_type":"mixed","dispositive":"yes","related_facts":"Forward Sale Agreement signed, parties' understanding of loan arrangements, delivery of milk"}
{"issue_text":"Whether the Forward Sale Agreement contained essential elements of a contract of sale","issue_type":"law","dispositive":"yes","related_facts":"Absence of agreed price mechanism, dispute over \"Net Loan Proceeds\""}
{"issue_text":"Whether respondent's defence amounted to a counter-claim","issue_type":"procedural","dispositive":"no","related_facts":"Respondent challenged contract validity"}

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background

Facts of the Case

Background

Dairibord Zimbabwe (Pvt) Ltd, a milk producer, entered into a Forward Sale Agreement with dairy farmer Kenny Chivandire for future milk supplies. Dairibord facilitated loan facilities for Chivandire totaling ZWL$25,471,000 and took over loan repayments. Chivandire later purported to terminate the agreement claiming lack of consensus and absence of price (pretium). Dairibord sought declaratory relief that the termination was invalid.

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