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Harare High Court
Mashonaland Tobacco Company (Pvt) Ltd v Mahem Farms (Pvt) Ltd and Tim Major
HH 597-18
Case Details
Court
Harare High Court
Date
3 October 2018
Citation
HH 597-18
Neutral Citation
[2018] ZWHH 597
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Commercial LawContract LawCivil Procedure
Keywords
Contract farming agreementTobacco productionDebt prescriptionAcknowledgment of debtInput supply
Tags
Contract farmingTobaccoDebt recoveryPrescription
legislation
Statutes Cited
- Prescription Act [Chapter 8:11]
- Prescription Act [Chapter 8:11]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff's claim against the defendant had prescribed in terms of the law as at the time of issuance of the summons","issue_type":"procedural","dispositive":"yes","related_facts":"Summons issued 26 December 2016, debt acknowledged 20 April 2011, various interruptions of prescription"}
- {"issue_text":"Whether defendant is indebted to the plaintiff in the sum of $575,164.68 or any other amount, together with interest thereon at 8% per annum calculated from date of summons to date of payment in full","issue_type":"mixed","dispositive":"yes","related_facts":"Contract farming agreement, acknowledgment of debt, subsequent deliveries, prior year debt"}
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background
Facts of the Case
Background
The plaintiff entered into a contract farming agreement with defendants for tobacco production, providing inputs and financial assistance totaling $575,164.68. The defendants failed to deliver sufficient tobacco to discharge the debt. The plaintiff sued for recovery of the outstanding amount. The defendant raised prescription as a defence and disputed the amount claimed.
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