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Harare High Court
Lawrence Bernard Gwarada versus Douglas Tanyanyiwa and Douglas Warriors Football Club
HH 126-11
Case Details
Court
Harare High Court
Date
22 June 2011
Citation
HH 126-11
Neutral Citation
[2011] ZWHH 126
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUTEMA J
Full Bench
MUTEMA J
Areas of Law
Contract LawPartnership Law
Keywords
Partnership AgreementShare PurchaseBreach of ContractUnjust Enrichment
legislation
Statutes Cited
- No specific statutes were directly cited in the judgment. The court relied on common law principles and secondary legal authority rather than statutory provisions.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the partnership agreement was limited to the 2009 soccer season only","issue_type":"mixed","dispositive":"yes","related_facts":"The agreement terms, the parties' intentions, the payment structure"}
- {"issue_text":"Whether the first defendant breached the partnership agreement","issue_type":"law","dispositive":"yes","related_facts":"Refusal to sign agreement, concealment of documents"}
- {"issue_text":"Whether the plaintiff is entitled to reimbursement of payments made","issue_type":"law","dispositive":"yes","related_facts":"US$72,340 paid, no shares received, partnership collapse"}
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background
Facts of the Case
Background
The plaintiff entered into a partnership agreement with the first defendant to purchase 49% stake in the second defendant football club for US$49,000. The plaintiff paid US$36,807 for shares and US$35,533 for operational costs. The partnership collapsed in November 2009 when the first defendant refused to sign the agreement and claimed it was only for the 2009 season, contrary to the plaintiff's understanding of a long-term partnership.
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