TYNWALD DEVELOPMENT ASSOCIATION-LOT 14 v LIFE MINISTRY ZIMBABWE and THE MINISTER OF LOCAL GOVERNMNET, PUBLIC WORKS AND URBAN DEVELOPMENT

Key Issues

• {"issue_text":"Whether the first respondent breached the agreement by failing to complete works within the stipulated period","issue_type":"fact","dispositive":"yes","related_facts":"Failure to complete by 30 November 2010; delay in completing project"}
• {"issue_text":"Whether the applicant is obligated to pay the first respondent during the currency of the agreement or only after completion","issue_type":"law","dispositive":"yes","related_facts":"Interpretation of clauses 4.1, 4.2, 5.2, 5.4, 5.6 regarding payment obligations"}
• {"issue_text":"Whether the first respondent is entitled to demand payment before completing works","issue_type":"law","dispositive":"yes","related_facts":"Demand for payment during construction period"}
• {"issue_text":"Whether the disposal of security stands was lawful","issue_type":"law","dispositive":"no","related_facts":"Sale of 217 security stands by first respondent"}
• {"issue_text":"Whether the applicant's members must acknowledge in writing each member's continuing interest in stands","issue_type":"law","dispositive":"no","related_facts":"Request for written acknowledgment of interest"}
• {"issue_text":"Whether the first respondent would be unjustly enriched if it recovered further sums","issue_type":"law","dispositive":"no","related_facts":"Potential excess recovery from stand sales"}
• {"issue_text":"Whether the first respondent has made out a case for specific performance","issue_type":"law","dispositive":"yes","related_facts":"Counter application for payment of US$276,989.00"}
• {"issue_text":"What costs are payable for infrastructure construction","issue_type":"fact","dispositive":"yes","related_facts":"Bill of quantities showing US$276,989.00 outstanding"}

Background