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Harare High Court
NJANIKE CONSTRUCTION (PRIVATE) LIMITED v LA FARGE CEMENT ZIMBABWE LIMITED
HH 24-22
Case Details
Court
Harare High Court
Date
12 January 2022
Citation
HH 24-22
Neutral Citation
[2022] ZWHH 24
Outcome
unknown
Case Type
Application
Bench
Presiding
MANZUNZU J
Full Bench
MANZUNZU J
Areas of Law
Contract LawCivil Procedure
Keywords
Specific performanceContract formationCement purchaseDeposit
Tags
Contract LawSpecific PerformanceSale of Goods
legislation
Statutes Cited
- Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act) and Issue of Real Time Gross Settlement Electronic Dollars (RTGS Dollars) Regulations 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a valid contract existed for the sale of 27,000 bags of cement between the parties","issue_type":"mixed","dispositive":"yes","related_facts":"US$270,000 transfer, collection of 3,600 bags, respondent's account policy"}
- {"issue_text":"Whether the applicant is entitled to specific performance for delivery of 25,200 bags of cement","issue_type":"law","dispositive":"yes","related_facts":"Alleged contract terms, respondent's denial of contract"}
- {"issue_text":"Whether the respondent was properly cited despite minor name variations","issue_type":"procedural","dispositive":"no","related_facts":"\"LA FARGE\" vs \"LAFARGE\", bracket differences in \"ZIMBABWE\""}
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background
Facts of the Case
Background
The applicant sought an order for specific performance compelling delivery of 25,200 bags of cement, claiming it had purchased them from the respondent. The respondent denied any contract existed, arguing that deposits made by customers merely created accounts from which future purchases could be made, not binding contracts for specific quantities.
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