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Harare High Court
Goldenmillion Engineering (Pvt) Ltd v Mettalon Gold Zimbabwe (Pvt) Ltd
HH 86-13
Case Details
Court
Harare High Court
Date
27 March 2013
Citation
HH 86-13
Neutral Citation
[2013] ZWHH 86
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Contract LawCommercial LawMining Law
Keywords
Mining equipmentSupply contractPayment disputeSet-offRepudiationDelivery of goods
Tags
Mining equipment supplyContractual disputeSet-off defenceRepudiation
legislation
Statutes Cited
- Engineering Council Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant is indebted to the plaintiff in the sum claimed or any other sum at all","issue_type":"mixed","dispositive":"yes","related_facts":"Delivery of goods, invoiced amounts, payments made"}
- {"issue_text":"Whether defendant received all of the goods that form the subject of the plaintiff's claim","issue_type":"fact","dispositive":"yes","related_facts":"Delivery notes, witness testimony, documentary evidence"}
- {"issue_text":"Whether due and proper demand for payment was made to the defendant prior to the issue of summons","issue_type":"procedural","dispositive":"no","related_facts":"Letter of 21 November 2011, content of demand"}
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background
Facts of the Case
Background
The plaintiff, a mining equipment supplier, sued the defendant mining conglomerate for payment of US$325,119.65 for electrical goods delivered to various mines. The defendant contested receipt of most goods and raised defences of set-off and repudiation regarding defective equipment and undelivered items.
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