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Harare High Court

Bindura University of Science Education v AMTEC (Private) Limited t/a AMTEC MOTORS

HH 560-24

Case Details

Court
Harare High Court
Date
27 November 2024
Citation
HH 560-24
Neutral Citation
[2024] ZWHH 560
Outcome
unknown
Case Type
Trial

Bench

Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA J
Areas of Law
Contract LawCommercial Law
Keywords
specific performancecontract terminationeffluxion of timeunjust enrichment
Tags
Contract LawSpecific PerformanceCommercial Dispute
legislation
Statutes Cited
  • High Court Rules, 2021
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there exists a valid agreement of sale between the parties","issue_type":"law","dispositive":"yes","related_facts":"Contract expired 28 September 2018, payment made 1 October 2018"}
  • {"issue_text":"Whether the plaintiff is entitled to an order of specific performance","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff paid but money was refunded, contract had expired"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff university entered into an agreement with the defendant company to purchase a Nissan Urvan minibus for USD$63,000. The contract had a fixed term from 28 June 2018 to 28 September 2018. The parties later varied the contract to include air conditioning and increase the price to USD$65,000. The plaintiff paid on 1 October 2018, after the contract had expired, and the defendant refunded the money the next day. The plaintiff then sued for specific performance.
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