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Harare High Court

BARZEM ENTERPRISES (PVT) LTD v TARCON (PVT) LTD

HH 411-17

Case Details

Court
Harare High Court
Date
6 July 2017
Citation
HH 411-17
Neutral Citation
[2017] ZWHH 411
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Contract lawCommercial litigation
Keywords
Articulated Dump TrucksBreach of contractSet-offContra charges
Tags
Contractual disputeHire agreementSet-off
legislation
Statutes Cited
  • Law Society of Zimbabwe By-Laws
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Did the plaintiff breach the contract terms?","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to supply 4 ADTs; constant breakdowns; underperformance"}
  • {"issue_text":"Was the defendant entitled to set-off and what quantum?","issue_type":"law","dispositive":"yes","related_facts":"Breakdown hours; third-party engagement; notice requirements"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff sued the defendant for payment of US$203 160.65 arising from a hire agreement for Articulated Dump Trucks. The defendant denied liability and claimed set-off for breach of contract. The court found the plaintiff breached the contract by failing to provide functional trucks as agreed and allowed partial set-off.
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