GIBBS PAUL GOTORA versus GRAIN MARKETING BOARD

HH-85-18

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Case Details

Court

Harare High Court

Date

14 February 2018

Citation

HH-85-18

Neutral Citation

[2018] ZWHH 85

Outcome

unknown

Case Type

Trial

Bench

Presiding

MATANDA-MOYO J

Full Bench

MATANDA-MOYO J

Areas of Law

Contract LawCommercial LawAgricultural Law

Keywords

Wheat deliveryFertilizer purchaseBreach of contractDamages calculationAgricultural inputs

Key Issues

{"issue_text":"Whether plaintiff's claim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Delivery dates, payment deadlines, acknowledgments of debt"}
{"issue_text":"Whether plaintiff has been paid for wheat delivered","issue_type":"fact","dispositive":"no","related_facts":"Cheque issuance, delivery of payment"}
{"issue_text":"Whether defendant breached the agreement as alleged","issue_type":"law","dispositive":"no","related_facts":"Non-payment, non-delivery of fertilizer"}
{"issue_text":"Quantum of damages suffered","issue_type":"fact","dispositive":"no","related_facts":"Crop budgets, yield projections, loss calculations"}
{"issue_text":"Currency to be used for payment","issue_type":"law","dispositive":"no","related_facts":"Zimbabwean dollar vs United States dollars"}

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background

Facts of the Case

Background

Plaintiff Gibbs Paul Gotora delivered 14.162 tonnes of wheat to defendant Grain Marketing Board in December 2007 and purchased 30 tonnes of compound D fertilizer in June 2007. Defendant failed to pay for the wheat and failed to deliver the fertilizer. Plaintiff claimed $7,789.15 for unpaid wheat, $15,500.00 for undelivered fertilizer, and $2,790,000.00 in damages for loss of production over 9 years.

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