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Harare High Court
Lonhro Logistics (Private) Limited versus Ram Petroleum (Private) Limited
HH 122-21
Case Details
Court
Harare High Court
Date
31 March 2021
Citation
HH 122-21
Neutral Citation
[2021] ZWHH 122
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mushore J
Full Bench
Mushore J
Areas of Law
Contract LawSale of GoodsProperty LawAdministrative Law
Keywords
Specific PerformanceConstitutum PossessoriumDerivative ActionMora CreditorisSI 10/2019RTGS DollarsZERA
Tags
Contract of SaleSpecific PerformanceRisk and OwnershipStatutory Duty IncreaseMora Creditoris
legislation
Statutes Cited
- Zimbabwe Energy Regulatory Authority Act
- Petroleum (Petroleum Products Pricing) Regulations, 2018
ai analysis
Case Summary
Key Issues
- {"issue_text":"What were the terms of the contract between the parties?","issue_type":"fact","dispositive":"yes","related_facts":"Established trade custom, 72-hour delivery, upfront payment"}
- {"issue_text":"Is the plaintiff entitled to the delivery of 120,000 litres of diesel?","issue_type":"law","dispositive":"yes","related_facts":"Ownership transfer, risk, mora creditoris, refusal of delivery"}
- {"issue_text":"Is the plaintiff entitled to reimbursement of $159,300-00 as tendered by the defendant?","issue_type":"law","dispositive":"yes","related_facts":"Cancellation, partial performance, duty liability"}
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background
Facts of the Case
Background
The plaintiff, Lonhro Logistics, purchased 150,000 litres of diesel from the defendant, Ram Petroleum, in November 2018, paying upfront. Only 30,000 litres were delivered upon request to third parties. The remaining 120,000 litres remained undelivered at a bonded facility. In January 2019, a statutory instrument (SI 10/2019) required oil companies to pay increased duties on fuel stocks held as of 12 January 2019. The defendant demanded the plaintiff pay the increased duty, which the plaintiff refused, demanding delivery instead. The court found the plaintiff had repudiated the contract by refusing tendered delivery and was in mora creditoris.
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