Dynamic Success (Private) Limited versus Sinohydro Corporation Limited Zimbabwe

HH 413-24

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Case Details

Court

Harare High Court

Date

13 September 2024

Citation

HH 413-24

Neutral Citation

[2024] ZWHH 413

Outcome

unknown

Case Type

Application

Bench

Presiding

Dembure J

Full Bench

Dembure J

Areas of Law

Contract LawCivil ProcedureContempt of Court

Keywords

Contempt of courtDeed of settlementContract enforcementWilful disobedienceMala fides

Key Issues

{"issue_text":"Whether the respondent failed to comply with the court order in particular paragraph 2 of the deed of settlement","issue_type":"mixed","dispositive":"yes","related_facts":"The terms of paragraph 2 of the deed of settlement and the parties' conduct regarding compliance"}
{"issue_text":"Whether any non-compliance was wilful and mala fide","issue_type":"law","dispositive":"yes","related_facts":"The respondent's knowledge of the order and its response to compliance demands"}

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background

Facts of the Case

Background

This is a contempt of court application arising from a previous settlement agreement. The parties had a contract dispute regarding diesel supply for the Hwange Power Station Expansion Project, which was settled by deed of settlement on 20 April 2022 and made an order of court on 4 August 2022. The applicant alleges the respondent failed to comply with paragraph 2 of the settlement agreement requiring the supply of duty-free fuel under a new contract.

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