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Harare High Court
Rainbow Tourism Group v Civerdale Enterprises (Pvt) Ltd t/a Classic Carpets
HH 747-18
Case Details
Court
Harare High Court
Date
14 November 2018
Citation
HH 747-18
Neutral Citation
[2018] ZWHH 747
Outcome
unknown
Case Type
Trial
Bench
Presiding
MATHONSI J
Areas of Law
Contract LawCommercial Law
Keywords
Specific performanceContract variationBreach of contractCarpet supply agreement
Tags
Contract LawSpecific PerformanceBreach of ContractContract Variation
legislation
Statutes Cited
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant is entitled to demand additional payment beyond the original contract price","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant demanded US$33,460.38 extra after being paid full contract price"}
- {"issue_text":"Whether the plaintiff is entitled to specific performance of the contract","issue_type":"law","dispositive":"yes","related_facts":"Defendant refused to complete outstanding work of fitting 1,723 square metres of new carpet"}
- {"issue_text":"Whether the contract was varied to discharge the defendant from completing the original work","issue_type":"law","dispositive":"yes","related_facts":"Defendant claimed variations were so significant they altered the contract entirely"}
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background
Facts of the Case
Background
The plaintiff, Rainbow Tourism Group, engaged the defendant, Classic Carpets, to refurbish carpets at the Harare International Conference Centre for US$100,000. The defendant only fitted 1,000 square metres instead of the agreed 2,723 square metres and then demanded additional payment, refusing to complete the work.
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