Siyai Bulabula v Leafloaf Enterprises (Pvt) Ltd & Anor

HMA 15-19

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Case Details

Court

Masvingo High Court

Date

7 March 2019

Citation

HMA 15-19

Neutral Citation

[2019] ZWHMA 15

Outcome

unknown

Case Type

Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Contract LawCivil Procedure

Keywords

summary judgmentbreach of contractpurchase and supplymoracontract cancellation

Key Issues

{"issue_text":"Whether the applicant was entitled to summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Ten month delay in delivery, admission of breach, bogus defence raised"}
{"issue_text":"Whether the contract specified a delivery timeframe","issue_type":"mixed","dispositive":"no","related_facts":"Tractor delivered promptly, ten month delay for front-end loader"}
{"issue_text":"Whether the respondents were placed in mora","issue_type":"law","dispositive":"no","related_facts":"Letter of demand giving seven days, nine months of silence"}

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background

Facts of the Case

Background

The applicant entered into a contract with respondents for purchase and supply of mining equipment (tractor and front-end loader) totaling $126,500. The tractor was delivered promptly but the front-end loader was not delivered ten months after payment despite repeated demands. The applicant cancelled the contract and sought refund of $88,000 for the undelivered equipment.

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