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Harare High Court
BOC Zimbabwe (Private) Limited v Dharwizi Transport (Private) Limited
HH 658-17
Case Details
Court
Harare High Court
Date
1 December 2017
Citation
HH 658-17
Neutral Citation
[2017] ZWHH 658
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Contract LawCommercial Litigation
Keywords
Breach of ContractDeposit RefundSafety ComplianceEquipment Hire
Tags
Contract LawBreach of ContractDamagesDeposit Refund
legislation
Statutes Cited
- Civil Evidence Act
- Factories and Works Act (implicit parent of Regulations)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant breached the contract and if so, whether plaintiff was entitled to cancel it","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant supplied inadequate equipment; failed safety compliance"}
- {"issue_text":"Whether defendant is liable to plaintiff and if so, in what amount","issue_type":"mixed","dispositive":"yes","related_facts":"Deposit paid; no work performed; partial refund offered"}
- {"issue_text":"Who should pay costs of suit and on what scale","issue_type":"procedural","dispositive":"no","related_facts":"Defendant's obstructive conduct; unjustified defence"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Plaintiff hired defendant to supply equipment and personnel to dismantle, transport and reinstall a 32-tonne oxygen tank. Plaintiff paid a 70% deposit of $22,400. Defendant supplied inadequate and non-compliant equipment, failed to provide required safety documentation, and was prevented from performing the work. Plaintiff claimed refund of the deposit.
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