CMED (Private) Limited v First Oil Company (Private) Limited

HH 40-23

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Case Details

Court

Harare High Court

Date

24 January 2023

Citation

HH 40-23

Neutral Citation

[2023] ZWHH 40

Outcome

unknown

Case Type

Application

Bench

Presiding

Musithu J

Full Bench

Musithu J

Areas of Law

Contract lawCivil procedure

Keywords

Diesel supply agreementPayment breachRefundLeave to executeAppeal prospects

Key Issues

{"issue_text":"Whether applicant should be granted leave to execute judgment pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"First Oil appealed Supreme Court judgment ordering refund; CMED fears irreparable harm if execution delayed"}
{"issue_text":"Whether respondent's appeal has reasonable prospects of success","issue_type":"mixed","dispositive":"no","related_facts":"Respondent challenges court's discretion to order refund based on unjust enrichment; attacks factual findings"}
{"issue_text":"Whether balance of convenience favours granting leave to execute","issue_type":"mixed","dispositive":"no","related_facts":"Applicant paid large sum received nothing; respondent has no counterclaim; respondent appears to be briefcase company"}

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background

Facts of the Case

Background

CMED paid US$2.7 million to First Oil for 3 million litres of diesel but failed to pay US$720,000 duty to ZIMRA as required by the agreement. First Oil received payment but never delivered the diesel. CMED sued for specific performance or refund. Tagu J dismissed specific performance due to CMED's breach but ordered First Oil to refund the US$2.7 million. First Oil appealed to Supreme Court and CMED applied for leave to execute pending appeal.

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