Patricia Tsitsi Muchengwa v Marange Resources (Pvt) Ltd and Zimbabwe Consolidated Diamond Company (Pvt) Ltd

HH 451-17

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Case Details

Court

Harare High Court

Date

19 July 2017

Citation

HH 451-17

Neutral Citation

[2017] ZWHH 451

Outcome

unknown

Case Type

Trial

Bench

Presiding

Dube J

Full Bench

Dube J

Areas of Law

Contract LawEmployment Law

Keywords

Motor vehicle policyContract interpretationEligibilityDisposal clause

Key Issues

{"issue_text":"Whether clause 10.3 of the motor vehicle policy obliges the defendants to sell the Toyota Fortuner motor vehicle to the plaintiff","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's 2 year 10 month usage period, vehicle not reaching 3-year disposal period"}
{"issue_text":"If issue 1 is affirmative, whether plaintiff is entitled to damages should defendant fail to sell the vehicle","issue_type":"law","dispositive":"no","related_facts":"Plaintiff's claim for vehicle purchase"}
{"issue_text":"Whether defendant should pay plaintiff's costs","issue_type":"procedural","dispositive":"no","related_facts":"Overall conduct of litigation"}

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background

Facts of the Case

Background

The plaintiff, a former employee, sought to compel her former employer and its successor company to sell her the Toyota Fortuner vehicle she had been allocated during employment, relying on clause 10.3 of the motor vehicle policy. The defendants refused to sell the vehicle despite the plaintiff meeting the 1.5-year usage requirement.

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