T N Zunzanyika Associates v TSL Properties (Pvt) Limited

HH 327-21

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Case Details

Court

Harare High Court

Date

30 June 2021

Citation

HH 327-21

Neutral Citation

[2021] ZWHH 327

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHIRAWU-MUGOMBA J

Full Bench

CHIRAWU-MUGOMBA J

Areas of Law

Contract LawCivil Procedure

Keywords

Absolution from the instancePrima facie caseBreach of contractContractual terms

Key Issues

{"issue_text":"Whether the plaintiff established a prima facie case for breach of contract at the close of its case","issue_type":"procedural","dispositive":"yes","related_facts":"Contract not in writing, unclear terms, no evidence of contract date"}
{"issue_text":"Whether the obligations giving rise to the action arose before or after 22 February 2019","issue_type":"mixed","dispositive":"no (not reached)","related_facts":"Work completed May 2019, invoiced June/July 2019"}

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background

Facts of the Case

Background

The plaintiff sued for payment of ZWL equivalent of US$607,453.35 for construction work performed. The only issue for trial was whether the obligation arose before or after 22 February 2019, which date is significant for currency conversion purposes under S.I 33/19. The contract was not in writing and the plaintiff failed to establish clear terms including when payment was due.

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