Delta Zimbabwe Limited t/a Delta Beverages v Muteswa Wholesalers (Pvt) Ltd and Lawrence Muteswa and Takaadini Langton Muteswa

HH 342-17

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Case Details

Court

Harare High Court

Date

31 May 2017

Citation

HH 342-17

Neutral Citation

[2017] ZWHH 342

Outcome

unknown

Case Type

Trial

Bench

Presiding

Zhou J

Full Bench

Zhou J

Areas of Law

Commercial lawContract lawCivil procedure

Keywords

Absolution from instancePrescriptionCounterclaimBreach of contractDiscount ratePayment terms

Key Issues

{"issue_text":"Whether the first defendant's counterclaim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Counterclaim instituted more than 4 years after cause of action arose in March 2012"}
{"issue_text":"Whether the evidence led established the alleged breach of contract","issue_type":"mixed","dispositive":"no","related_facts":"Evidence about discount rate reduction and payment term changes"}
{"issue_text":"Whether evidence was led to prove the quantum of loss claimed","issue_type":"procedural","dispositive":"yes","related_facts":"Schedule produced was prepared by defendant's representative, no evidence of actual deliveries"}

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background

Facts of the Case

Background

The plaintiff sued defendants for payment of US$249,169 for beverages sold and delivered. The first defendant counterclaimed for US$705,982 alleging breach of contract through unilateral reduction of discount rate from 5% to 2.6% and shortening payment terms. After the first defendant closed its case, the plaintiff applied for absolution from the instance.

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