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Harare High Court
Foolproof Enterprises (Private) Limited v Surface Investments (Private) Limited
HH 149-10
Case Details
Court
Harare High Court
Date
14 July 2010
Citation
HH 149-10
Neutral Citation
[2010] ZWHH 149
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Contract lawSale of goods
Keywords
Coal deliveryProduct qualityBreach of contractPayment dispute
Tags
Contract disputeCoal supplyQuality dispute
legislation
Statutes Cited
- No statutes were cited in this judgment
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the coal delivered by plaintiff met contractual specifications for dwarf coal","issue_type":"mixed","dispositive":"yes","related_facts":"Product description on weighbridge tickets, visual appearance, defendant's inspection procedures"}
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background
Facts of the Case
Background
The plaintiff, a coal merchant, delivered three loads of coal to the defendant in September 2009 totaling 95.32 tonnes worth US$8,769.44. The defendant refused payment claiming the coal was substandard "rubble" rather than the agreed dwarf coal. The plaintiff sued for payment, leading to a trial on whether the delivered product met contractual specifications.
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