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Harare High Court

FCS CONSTRUCTION (PVT) LTD versus [defendant name not clearly stated in preamble]

HH 791-17

Case Details

Court
Harare High Court
Date
1 January 2017
Citation
HH 791-17
Neutral Citation
[2017] ZWHH 791
Outcome
unknown
Case Type
Trial

Bench

Presiding
FOROMA J
Full Bench
FOROMA J
Areas of Law
Contract lawDamagesCivil procedure
Keywords
Construction servicesArbitrationWorkforce utilizationTools usagePrima facie case
Tags
Construction contractDamages claimAbsolution from instance
legislation
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether or not the plaintiff's tools were used by the defendant","issue_type":"fact","dispositive":"yes","related_facts":"Contract stay during arbitration, tools remaining at site, conflicting testimony about prevention from removing tools"}
  • {"issue_text":"Whether or not the plaintiff's workforce was used by the defendant","issue_type":"fact","dispositive":"yes","related_facts":"Workers defying instructions to stop working, workers being paid by defendant, testimony about workforce utilization"}
  • {"issue_text":"Whether or not the plaintiff is entitled to the quantum of damages sought","issue_type":"mixed","dispositive":"yes","related_facts":"Claimed damages of $3,290 for workforce and $45,000 for loss of business, lack of evidence substantiating quantum"}
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background
Facts of the Case

Background

FCS Construction (Pvt) Ltd, a construction company, was engaged by defendant to render construction services including additions, alterations, boundary wall and gate modifications at 110 Swan Drive Alexandra Park Harare. During performance, a dispute arose requiring arbitration. Plaintiff claims defendant unauthorizedly used plaintiff's workforce and tools to complete outstanding works, seeking damages of $3,290 for workforce usage and $45,000 for loss of business.
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