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Harare High Court
Homezone Company (Private) Limited v Martha Murayi
HH 506/23
Case Details
Court
Harare High Court
Date
30 August 2023
Citation
HH 506/23
Neutral Citation
[2023] ZWHH 506
Outcome
unknown
Case Type
Trial
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
contract lawcommercial litigation
Keywords
sole mandatedevelopment permitbreach of contractcancellation of mandate
Tags
contract lawbreach of contractmandate agreement
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether or not the parties entered into a valid and binding agreement?","issue_type":"mixed","dispositive":"yes","related_facts":"Existence of sole mandate document, conduct of parties"}
- {"issue_text":"Whether or not parties were obligated to conclude a tripartite agreement?","issue_type":"law","dispositive":"no","related_facts":"Parties' discussions about future tripartite agreement"}
- {"issue_text":"Whether or not the plaintiff is entitled to payment of the invoiced amount of work done and if so how much?","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff completed preliminary work, invoiced US$40,000"}
- {"issue_text":"Whether or not the plaintiff is entitled to damages for breach of contract and if so how much?","issue_type":"mixed","dispositive":"yes","related_facts":"Claim for US$200,000 consequential damages"}
- {"issue_text":"What order should be made as to costs?","issue_type":"procedural","dispositive":"no","related_facts":"Both parties claimed costs on higher scale"}
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background
Facts of the Case
Background
The plaintiff company was given a sole mandate by the defendant to carry out design and performance of contractual works for development of defendant's property in Avondale, including obtaining development permits. After the plaintiff obtained an 8-unit development permit and had done preliminary work worth US$40,000, the defendant cancelled the mandate and sold the property. The plaintiff sued for payment for work done and consequential damages.
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