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Harare High Court
Denkamp Investments (Pvt) Ltd v DST (Pvt) Ltd
HH 154-13
Case Details
Court
Harare High Court
Date
22 May 2013
Citation
HH 154-13
Neutral Citation
[2013] ZWHH 154
Outcome
unknown
Case Type
Trial
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Contract LawCommercial Law
Keywords
specific performancebuilding materials contractprice escalationadvance payment
Tags
contract lawspecific performancebuilding materialsprice escalation
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there was a binding contract obligating defendant to deliver roofing materials","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff paid in advance, defendant demanded more money"}
- {"issue_text":"Whether plaintiff was in breach for not constructing building shell","issue_type":"mixed","dispositive":"no","related_facts":"No construction at site, defendant claimed time was of essence"}
- {"issue_text":"Whether defendant could demand additional payment due to price escalation","issue_type":"law","dispositive":"no","related_facts":"Cash sale made in advance, no fluctuation conditions disclosed"}
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background
Facts of the Case
Background
Two women who wanted to build a house purchased building materials from the defendant in advance, including roofing materials, while awaiting title to their land. After paying for the materials, they requested delivery nearly two years later, but the defendant demanded additional payment due to price escalation and claimed the plaintiff was in breach for not having constructed the building shell.
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