Crest Poultry Group (Private) Limited (t/a Hubbard Zimbabwe) v Godwills Masimirembwa

HH 14-2011

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Case Details

Court

Harare High Court

Date

18 January 2011

Citation

HH 14-2011

Neutral Citation

[2011] ZWHH 14

Outcome

unknown

Case Type

Trial

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Commercial LawContract LawSale of Goods

Keywords

Broiler chicksBreach of contractImplied warrantyMerchantable qualityDamagesSet-off

Key Issues

{"issue_text":"Whether plaintiff is entitled to payment for both batches of chicks","issue_type":"mixed","dispositive":"yes","related_facts":"Delivery of chicks, payment of US$500, refusal to pay balance"}
{"issue_text":"Whether defendant is entitled to damages for defective second batch","issue_type":"mixed","dispositive":"yes","related_facts":"High mortality rate, underweight chicks, hatchery problems"}
{"issue_text":"Whether disclaimer clause in Flex Broiler Chart applies","issue_type":"law","dispositive":"no","related_facts":"Chart provided with weights, disclaimer clause at bottom"}
{"issue_text":"Whether Consumer Contracts Act applies to this commercial relationship","issue_type":"law","dispositive":"no","related_facts":"Both parties dealing in course of business"}

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background

Facts of the Case

Background

The plaintiff supplied two batches of broiler chicks to the defendant on credit in October 2008 and February 2009. The defendant paid only US$500 and refused to pay the balance of US$14,875, claiming the second batch was defective with high mortality rates. The defendant counterclaimed for damages.

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