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Harare High Court
Origen Corporation t/a Nurfert (Pvt) Ltd v Xsigma Corporation (Pvt) Limited
HH 804-18
Case Details
Court
Harare High Court
Date
7 December 2018
Citation
HH 804-18
Neutral Citation
[2018] ZWHH 804
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUZOFA J
Full Bench
MUZOFA J
Areas of Law
Contract LawCommercial Law
Keywords
Supply AgreementFertilizer SupplyGuaranteePaymentNon-DeliveryAbsolution from Instance
Tags
Contract LawSupply AgreementBreach of ContractRestitution
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff established a prima facie case for breach of contract","issue_type":"procedural","dispositive":"yes","related_facts":"Payment made, no delivery, agreement terms disputed"}
- {"issue_text":"Whether the supply agreement was consummated or varied","issue_type":"mixed","dispositive":"yes","related_facts":"Guarantee requirement, cash payment, verbal order"}
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background
Facts of the Case
Background
The plaintiff, a fertilizer manufacturing company, alleged it paid US$124,500 to the defendant for 300 tonnes of fertilizer under a supply agreement, but the defendant failed to deliver. The defendant denied liability, claiming the payment related to a different agreement that was satisfied. The plaintiff sued for restitution of the payment plus interest and costs.
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