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Harare High Court
Zimbabwe Music Rights Association v Zimbabwe Broadcasting Corporation (Pvt) Ltd
HH 428-12
Case Details
Court
Harare High Court
Date
7 November 2012
Citation
HH 428-12
Neutral Citation
[2012] ZWHH 428
Outcome
unknown
Case Type
Application
Bench
Presiding
Bere J
Full Bench
Bere J
Areas of Law
Contract LawIntellectual Property
Keywords
licensing agreementnet advertising revenuespecific performance
Tags
contract lawroyaltiesbroadcasting
legislation
Statutes Cited
- N/A
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent is liable to pay the applicant US$607,253.46 in terms of the agreement.","issue_type":"law","dispositive":"yes","related_facts":"Existence of agreement, computation of revenue, outstanding balance."}
- {"issue_text":"Whether there is a bona fide material dispute of fact requiring oral evidence.","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's opposition based on economic viability and alleged skewed formula."}
- {"issue_text":"Whether the respondent's arguments regarding inflation and dollarization affect the contractual obligation.","issue_type":"law","dispositive":"yes","related_facts":"Agreement terms, respondent's defense based on economic challenges."}
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background
Facts of the Case
Background
The applicant and respondent entered into a five-year agreement in 2007, requiring the respondent to pay the applicant 10% of its net advertising revenue quarterly. The respondent failed to make payments, leading the applicant to seek judgment for US$607,253.46. The respondent opposed the application, citing economic challenges and attempting to re-negotiate the agreement.
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