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Harare High Court
Feng Lin v Tawanda Mutare and Portion (Private) Limited and Zvikomborero Gomera and Kudzai Leo Marowa
HH 169-24
Case Details
Court
Harare High Court
Date
8 May 2024
Citation
HH 169-24
Neutral Citation
[2024] ZWHH 169
Outcome
unknown
Case Type
Trial
Bench
Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Commercial LawContract LawDelict
Keywords
motor vehiclecustoms dutyZIMRAcar hire chargesrefund
Tags
motor vehicle salecustoms dutybreach of contractmisrepresentation
legislation
Statutes Cited
- None identified
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff purchased motor vehicle from defendants","issue_type":"mixed","dispositive":"no","related_facts":"Agreement of sale signed, payment made"}
- {"issue_text":"Whether defendants are liable to refund plaintiff for duty, penalties and car hire charges","issue_type":"law","dispositive":"yes","related_facts":"Vehicle seized, plaintiff paid charges"}
- {"issue_text":"Whether first, second and third defendants sold vehicle in personal capacities","issue_type":"fact","dispositive":"yes","related_facts":"Names on agreement, no disclosure of agency"}
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background
Facts of the Case
Background
Plaintiff purchased a Toyota Fortuner from defendants who represented it as customs-cleared, but ZIMRA later seized it for unpaid duty. Plaintiff paid US$10,402.42 in duty, penalties and storage charges and hired alternative transport for 2½ months while the vehicle was detained.
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