Edward Marume and Ellen Chamunorwa v Todd Muranganwa

HH 27-2007

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Case Details

Court

Harare High Court

Date

25 April 2007

Citation

HH 27-2007

Neutral Citation

[2007] ZWHH 27

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKARAU JP

Full Bench

MAKARAU JP

Areas of Law

Contract LawDamages

Keywords

breach of contractdefault judgmentinflationcurrency nominalismrevalorization

Key Issues

{"issue_text":"Whether plaintiffs can claim damages for breach after allowing transfer of property despite knowledge of breach","issue_type":"mixed","dispositive":"no","related_facts":"Property transferred on 21 June 2005, breach notice sent 13 July 2005"}
{"issue_text":"Whether inflation can form basis for calculating contractual damages","issue_type":"law","dispositive":"yes","related_facts":"Claim for $366,503,000.00 based on 75% erosion due to inflation"}
{"issue_text":"Whether damages should be assessed at date performance was due or date of late payment","issue_type":"law","dispositive":"yes","related_facts":"Valuation report dated 28 January 2006, performance due 21 days after April 2005"}

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Facts of the Case

Background

Plaintiffs sold property to defendant with agreement that purchase price would be paid from defendant's staff loan within 21 days. Defendant breached by late payment. Plaintiffs transferred property despite breach, then claimed damages for inflationary erosion of purchase price.

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