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Harare High Court
Cotton Company of Zimbabwe Limited v Mobil Oil Zimbabwe (Pvt) Ltd & Anor
HH 69-2010
Case Details
Court
Harare High Court
Date
21 April 2010
Citation
HH 69-2010
Neutral Citation
[2010] ZWHH 69
Outcome
unknown
Case Type
Trial
Bench
Presiding
Makarau JP
Full Bench
Makarau JP
Areas of Law
Contract lawCommercial litigation
Keywords
Diesel supplyShort deliveryPrescriptionJoinderAsset transfer
Tags
Supply contractDiesel deliveryShort deliveryPrescription
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim against second defendant has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff unaware of second defendant's identity until March 2009"}
- {"issue_text":"Whether defendant failed to deliver all ordered diesel","issue_type":"factual","dispositive":"yes","related_facts":"Missing documents for four transactions; incomplete reconciliation"}
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background
Facts of the Case
Background
Plaintiff sued first defendant for non-delivery of 522,763 litres of diesel paid for between July 2000 and December 2002. During trial, plaintiff discovered first defendant had disinvested and transferred assets to second defendant in 2006, and sought joinder of second defendant. Second defendant raised prescription plea.
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