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Harare High Court
STATIONERY BOX (PRIVATE) LIMITED versus NATCON (PRIVATE) LIMITED and FARAI NDEMERA
HH-64-2010
Case Details
Court
Harare High Court
Date
11 March 2010
Citation
HH-64-2010
Neutral Citation
[2010] ZWHH 64
Outcome
unknown
Case Type
Opposed Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Contract LawCommercial LawCivil Procedure
Keywords
Summary JudgmentContract of SaleConsignment vs SaleSuretyshipDefence Requirements
Tags
Summary JudgmentContract of SaleSuretyship
legislation
Statutes Cited
- High Court Rules 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendants have raised a bona fide defence to summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Defendants' denial of purchase and allegation of consignment arrangement"}
- {"issue_text":"Whether the transaction constituted a contract of sale or consignment","issue_type":"mixed","dispositive":"yes","related_facts":"Defendants' averments about sourcing stationery for their customer"}
- {"issue_text":"Whether defendants' defence meets the legal test for resisting summary judgment","issue_type":"law","dispositive":"yes","related_facts":"Contradictory and implausible nature of defendants' defence"}
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background
Facts of the Case
Background
Plaintiff claimed US$4,568.85 for stationery allegedly sold and delivered to first defendant, with second defendant bound as co-principal debtor and surety. Defendants denied purchasing the stationery, claiming it was a consignment arrangement where they sourced stationery for their customer who failed to pay.
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