WILLIAM BAIN & COMPANY HOLDINGS (PRIVATE) LIMITED v TANYARADZWA CHAPFIKA

HH 409-2012

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Case Details

Court

Harare High Court

Date

8 November 2012

Citation

HH 409-2012

Neutral Citation

[2012] ZWHH 409

Outcome

unknown

Case Type

Trial

Bench

Presiding

PATEL J

Full Bench

PATEL J

Areas of Law

Contract LawDelict

Keywords

engine overhaullienduressius retentionis

Key Issues

{"issue_text":"Whether the plaintiff or defendant was in breach of the repair agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's failure to properly overhaul engine; defendant's failure to pay"}
{"issue_text":"Whether the plaintiff was authorized to carry out the second and third engine overhauls","issue_type":"law","dispositive":"no","related_facts":"Defendant's authorization of repairs; lack of signed job-cards"}
{"issue_text":"Whether the defendant is liable to pay the claimed amount and at what rate of interest","issue_type":"mixed","dispositive":"yes","related_facts":"Acknowledgements of debt; duress; payments made; extent of liability"}

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background

Facts of the Case

Background

The plaintiff, an authorised Iveco dealer, claimed US$15,390 for repair work on the defendant's minibus. The defendant argued the work was defective, requiring three engine overhauls within nine months, and that he signed acknowledgements of debt under duress to recover his vehicle.

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