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Harare High Court
ASHON RESOURCES LIMITED versus LUCKMORE ZINYAMA and BRAMWELL BUSHU and HARAMBE HOLDINGS (PRIVATE) LIMITED and TRINIPAC INVESTMENTS (PRIVATE) LIMITED
HH 160-2012
Case Details
Court
Harare High Court
Date
25 April 2012
Citation
HH 160-2012
Neutral Citation
[2012] ZWHH 160
Outcome
unknown
Case Type
Trial
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Contract LawAgency LawCommercial LawDebt Recovery
Keywords
Non-existent principalPersonal liabilityMisrepresentationGuaranteeAgency
Tags
Debt RecoveryContract LawAgency LawMisrepresentation
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Did first and second defendants misrepresent that Superbake Bakeries was a registered company?","issue_type":"fact","dispositive":"yes","related_facts":"Business cards showing employment with Superbake Bakeries, contracts drafted in that name"}
- {"issue_text":"Are first and second defendants personally liable for contracts made with non-existent principal?","issue_type":"law","dispositive":"yes","related_facts":"Agency law principles from Kelner v Baxter case"}
- {"issue_text":"Did third defendant undertake to act as guarantor without limitation?","issue_type":"mixed","dispositive":"yes","related_facts":"Inclusion in contracts, participation in negotiations, executive involvement"}
- {"issue_text":"Is fourth defendant liable for the debt?","issue_type":"law","dispositive":"no","related_facts":"Made payments but no direct contractual relationship established"}
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background
Facts of the Case
Background
Plaintiff ASHON RESOURCES supplied flour to Superbake Bakeries based on representations by first and second defendants that it was a registered company. The flour was valued at US$533,880 with US$289,880 paid, leaving US$244,000 unpaid plus penalties. Defendants claimed Superbake Bakeries was actually a trading name of fourth defendant, but plaintiff denied contracting with fourth defendant.
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