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Harare High Court
Edson Makina v Tim Jackson
HH 117-2012
Case Details
Court
Harare High Court
Date
1 March 2012
Citation
HH 117-2012
Neutral Citation
[2012] ZWHH 117
Outcome
unknown
Case Type
Trial
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Contract lawSale of goodsDelict
Keywords
Tobacco curersLonga manu deliveryDamages claimSpeculative damages
Tags
Sale of goodsDeliveryDamages
legislation
Statutes Cited
- No statutes were cited in this judgment. The court relied entirely on common law principles and textbook authorities.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether delivery of the tobacco curers had been effectively made through longa manu","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant pointed out curers to plaintiff; plaintiff undertook to collect; first curer successfully delivered"}
- {"issue_text":"Whether plaintiff was entitled to damages for alleged non-delivery","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff claimed US$191,250 damages; no evidence supporting damage calculation; plaintiff's counsel conceded no justification"}
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background
Facts of the Case
Background
The plaintiff sued the defendant for delivery of ten tobacco bulk curers and damages of US$191,250 for alleged failure to deliver. The parties agreed they entered into a sale agreement but disputed whether delivery had occurred. The defendant claimed delivery was effected through longa manu by pointing out the curers to the plaintiff, while the plaintiff argued delivery was prevented by third parties.
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