Tendai Makarichi v Augustine Chikutu

HH 98/08

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Case Details

Court

Harare High Court

Date

5 November 2008

Citation

HH 98/08

Neutral Citation

[2008] ZWHH 98

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKARAU JP

Full Bench

MAKARAU JP

Areas of Law

Contract lawSale of goods

Keywords

Hydraulic pipesCross-border tradePayment disputeInflation

Key Issues

{"issue_text":"Whether the defendant paid for the three consignments of goods delivered","issue_type":"fact","dispositive":"yes","related_facts":"Defendant admitted receiving goods but claimed payment; plaintiff denied receiving payment"}
{"issue_text":"Whether the relationship between parties constituted a contract of sale","issue_type":"law","dispositive":"no","related_facts":"Goods delivered and accepted with agreed prices"}
{"issue_text":"Whether plaintiff is entitled to claim replacement value rather than purchase price","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff claimed replacement value due to inflation"}

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background

Facts of the Case

Background

The plaintiff, a cross-border truck driver, imported hydraulic pipes and fittings from South Africa for the defendant at the defendant's request. After delivering three consignments in June 2006, the plaintiff claimed he was never paid the agreed sum of $6,912,560-00 (old currency). The defendant admitted receiving the goods but claimed full payment had been made.

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