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Harare High Court
Ethical Leaf Tobacco (Pvt) Ltd v Sam Jabulani Chisoro t/a Simbamukaka Farm
HH 617-25
Case Details
Court
Harare High Court
Date
3 October 2025
Citation
HH 617-25
Neutral Citation
[2025] ZWHH 617
Outcome
unknown
Case Type
Application
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Commercial LawContract LawCivil Procedure
Keywords
contract farmingtobacco growing contractabsolution from the instanceprima facie casecredit facility
Tags
contract farmingtobacco financingabsolution from the instance
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff has established a prima facie case for absolution from the instance to be refused","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence led on loan agreement, delivery of inputs, partial repayment"}
- {"issue_text":"Whether defendant was advanced US$49,139.01 as inputs and labour costs","issue_type":"factual","dispositive":"no","related_facts":"Plaintiff's evidence on value of inputs delivered"}
- {"issue_text":"Whether plaintiff recovered US$21,082.89 from defendant","issue_type":"factual","dispositive":"no","related_facts":"Evidence on tobacco sales proceeds"}
- {"issue_text":"Whether defendant delivered sufficient tobacco to discharge indebtedness","issue_type":"factual","dispositive":"no","related_facts":"Defendant's defence on value of tobacco delivered"}
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background
Facts of the Case
Background
Plaintiff Ethical Leaf Tobacco (Pvt) Ltd advanced a credit facility to defendant Sam Jabulani Chisoro, a tobacco farmer, under a 2021 Tobacco Growing Contract. Plaintiff claims US$43,056.04 balance plus 70% interest, alleging defendant only repaid US$21,082.89 from tobacco sales. Defendant disputes the debt, claiming he delivered sufficient tobacco to extinguish the obligation and alleging interference with his crop.
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