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Harare High Court
Patricia Mandala v Glens Removals & Storage Zimbabwe (Private) Limited
HH 78-2013
Case Details
Court
Harare High Court
Date
14 February 2013
Citation
HH 78-2013
Neutral Citation
[2013] ZWHH 78
Outcome
unknown
Case Type
Trial
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Contract lawCommercial lawDamages
Keywords
Storage agreementParate executionPactum commissoriumUnlawful saleDamages
Tags
Storage contractBreach of contractDamagesPactum commissorium
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant breached storage contract by selling property without proper notice","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's UK address provided; correspondence sent to wrong addresses; no notice received"}
- {"issue_text":"Whether storage clause constituted unenforceable pactum commissorium","issue_type":"law","dispositive":"yes","related_facts":"Clause allowed sale without notice after 3 months default"}
- {"issue_text":"Whether defendant acted wrongfully in unilateral determination of liability and sale","issue_type":"law","dispositive":"yes","related_facts":"No court process to establish liability; defendant acted as prosecutor and adjudicator"}
- {"issue_text":"Quantum of damages for unlawfully sold property","issue_type":"fact","dispositive":"no","related_facts":"Property value evidence from departmental stores"}
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background
Facts of the Case
Background
Plaintiff stored household goods with defendant for safekeeping while relocating to UK. Defendant sold plaintiff's property at public auction alleging unpaid storage fees without notifying plaintiff at her UK address as instructed. Plaintiff sued for return of property or its value plus damages for emotional distress.
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