Muteswa Wholesalers (Private) Limited & 2 Ors v Delta Zimbabwe Limited t/a Delta Beverages

[2019] ZWSC 81

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Case Details

Court

Supreme Court

Date

17 October 2019

Citation

[2019] ZWSC 81

Judgment No.

SC 81/19

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GUVAVA JA

Full Bench

GARWE JAGUVAVA JAMAVANGIRA JA

Areas of Law

Contract LawCivil ProcedurePrescription

Keywords

PrescriptionAbsolution from the instanceContract variationDiscount rateDamagesArbitrationDebt due

Key Issues

{"issue_text":"Whether the issue of prescription was properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Prescription pleaded by amendment; admitted at pre-trial conference"}
{"issue_text":"Whether the appellants' claim had prescribed","issue_type":"mixed","dispositive":"yes","related_facts":"Debt became due March 2012; claim instituted June 2016; no interruption by arbitration"}
{"issue_text":"Whether there was sufficient basis to grant absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence of agreement renewal; no proof of quantum"}

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background

Facts of the Case

Background

The appellants appealed against a High Court decision that granted absolution from the instance in their counterclaim against Delta Zimbabwe. The counterclaim alleged breach of contract regarding unilateral reduction of discount rate from 5% to 2.6% and sought damages of US$705,982.17. The High Court found the claim had prescribed and quantum was not proved.

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