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Harare High Court
Ethical Leaf Tobacco (Pvt) Ltd v Sam Jabulani Chisoro t/a Simbamukaka Farm
HH 617-25
Case Details
Court
Harare High Court
Date
3 October 2025
Citation
HH 617-25
Neutral Citation
[2025] ZWHH 617
Outcome
unknown
Case Type
Application
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Commercial LawContract LawCivil Procedure
Keywords
contract farmingtobacco growing contractabsolution from the instanceprima facie casecredit facility
Tags
contract farmingtobacco financingabsolution from the instance
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff has established a prima facie case for absolution from the instance purposes","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence led on contract conclusion, delivery of inputs, partial repayment"}
- {"issue_text":"Whether defendant was advanced US$49,139.01 as inputs and labour costs","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiff's evidence on credit facility, defendant's denials"}
- {"issue_text":"Whether plaintiff recovered US$21,082.89 from defendant","issue_type":"fact","dispositive":"no","related_facts":"Tobacco sales proceeds, payment records"}
- {"issue_text":"Whether defendant delivered sufficient tobacco to discharge indebtedness","issue_type":"mixed","dispositive":"no","related_facts":"Value of tobacco delivered, allegations of interference"}
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background
Facts of the Case
Background
Plaintiff Ethical Leaf Tobacco (Pvt) Ltd advanced a credit facility to defendant Sam Jabulani Chisoro, a tobacco farmer, under a 2021 Tobacco Growing Contract. Plaintiff claims US$43,056.04 remains unpaid from the 2021-2022 season. Defendant denies liability, alleging full repayment through tobacco deliveries and interference with his crop. After plaintiff closed its case, defendant applied for absolution from the instance.
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