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

Key Issues

• {"issue_text":"Whether the plaintiff breached the fuel supply and delivery agreement when it did not pay the amount due to ZIMRA","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff failed to pay USD720,000 to ZIMRA; agreement required payment of duties"}
• {"issue_text":"Whether the defendant breached the agreement by failure to supply 3 million litres diesel fuel after receipt of USD2,700,000","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant received payment but did not deliver diesel"}
• {"issue_text":"Whether signing the agreement after payment affected the validity of the agreement","issue_type":"law","dispositive":"no","related_facts":"Agreement signed after USD2,700,000 was paid"}
• {"issue_text":"Whether the principal relief (specific performance) or alternative relief (market value) is available","issue_type":"law","dispositive":"yes","related_facts":"Both parties alleged breach; plaintiff sought specific performance or refund"}

Background