Firex Services (Pvt) Ltd v Mai Kai Estate Development Trust and Bernard Mutanga

HH 445-13

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Case Details

Court

Harare High Court

Date

27 November 2013

Citation

HH 445-13

Neutral Citation

[2013] ZWHH 445

Outcome

unknown

Case Type

Trial

Bench

Presiding

Musakwa J

Full Bench

Musakwa J

Areas of Law

Contract lawCommercial disputes

Keywords

Verbal contractSecurity equipmentDeed of settlementArbitrationExchange control

Key Issues

{"issue_text":"Whether the deed of settlement between the parties is legally binding","issue_type":"law","dispositive":"yes","related_facts":"Deed signed 29 December 2009, parties' representatives signed"}
{"issue_text":"Whether the dispute should be referred to arbitration under clause 1.11","issue_type":"procedural","dispositive":"no","related_facts":"Clause 1.11 provides for arbitration in event of default"}
{"issue_text":"What were the exact terms of the agreement","issue_type":"fact","dispositive":"no","related_facts":"Verbal contract varied by written deed of settlement"}
{"issue_text":"Whether plaintiff supplied equipment worth US$18,808","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's claim vs defendants' admission of US$4,681"}

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background

Facts of the Case

Background

The plaintiff company entered into a verbal contract with the defendants in 2007-2008 to install security equipment at their premises. Dispute arose over payment for work allegedly worth US$18,808. The parties later negotiated a deed of settlement in December 2009 for US$4,681, but disputes continued over completion of work and payment terms.

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