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Harare High Court
Shomet Construction (Private) Limited v Clover Metal Finishers (Private) Limited
HH 662-17
Case Details
Court
Harare High Court
Date
11 October 2017
Citation
HH 662-17
Neutral Citation
[2017] ZWHH 662
Outcome
unknown
Case Type
Trial
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Contract LawCommercial Law
Keywords
breach of contractdamagesgalvanizationbright zinc galvanizingelectroplating
Tags
breach of contractdamagesgalvanization services
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there was breach of contract for galvanizing of plaintiff's gutters by malperformance or sub-standard performance by the defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant performed zinc electroplating instead of bright zinc galvanizing; gutters rusted within two months"}
- {"issue_text":"Whether plaintiff suffered damages as a result of malperformance or sub-standard performance of contract by the defendant to the sum of USD 12,777.28","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff incurred costs for removing, sandblasting, galvanizing and re-installing gutters"}
- {"issue_text":"Whether defendant is liable to pay the plaintiff the said sum of USD 12,777.28","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff proved damages on balance of probabilities"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The plaintiff contracted the defendant to galvanize gutters using bright zinc galvanizing to prevent rusting for a service station. The defendant performed zinc electroplating instead, causing the gutters to rust within two months. The plaintiff incurred USD 12,777.28 in costs to remove, sandblast, regalvanize and reinstall the gutters.
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