VEGYPRO (PVT) LIMITED v UNKNOWN

HH 112-17

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Case Details

Court

Harare High Court

Date

22 March 2017

Citation

HH 112-17

Neutral Citation

[2017] ZWHH 112

Outcome

unknown

Case Type

Application

Bench

Presiding

FOROMA J

Full Bench

FOROMA J

Areas of Law

Contract LawProperty Law

Keywords

Joint Venture AgreementSpecific PerformanceTermination NoticeLease AgreementBreach of Contract

Key Issues

{"issue_text":"Whether the respondent's purported termination of the joint venture agreement was valid","issue_type":"law","dispositive":"yes","related_facts":"Termination without notice, variation attempt"}
{"issue_text":"Whether the joint venture agreement was varied to a lease agreement","issue_type":"law","dispositive":"yes","related_facts":"Correspondence about rental charges"}
{"issue_text":"Whether the applicant is entitled to specific performance","issue_type":"law","dispositive":"yes","related_facts":"Breach of contract, applicant's readiness to perform"}
{"issue_text":"Whether costs should be awarded on a higher scale","issue_type":"law","dispositive":"no","related_facts":"Opponent's conduct, lack of merit in opposition"}

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background

Facts of the Case

Background

The applicant and respondent entered into a joint venture agreement for horticultural production, which included specific termination procedures requiring 24 months' notice. The respondent purported to unilaterally vary the agreement to a lease arrangement and terminated the joint venture without following the agreed procedures. The applicant sought a declaration that the termination was null and void and for specific performance.

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