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Harare High Court

GAM PLASTICS (PRIVATE) LIMITED v SPEED LINK CARGO (PRIVATE) LIMITED

HH 38-2007

Case Details

Court
Harare High Court
Date
13 June 2007
Citation
HH 38-2007
Neutral Citation
[2007] ZWHH 38
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Commercial lawContract lawDelict
Keywords
CIF contractBill of ladingCargo detentionLoss of profitsSubcontractor liability
Tags
CIF contractBill of ladingCargo releaseDelictual liability
legislation
Statutes Cited
  • Carriage of Goods by Sea Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the plaintiff's summons and declaration disclose a cause of action against the defendant","issue_type":"law","dispositive":"yes","related_facts":"Defendant was subcontractor with no direct contractual relationship with plaintiff"}
  • {"issue_text":"Whether the defendant had any legal obligations to release the goods before the seller met all costs, charges and expenses","issue_type":"law","dispositive":"yes","related_facts":"Bill of lading contained lien provisions and exclusion clauses"}
  • {"issue_text":"Whether the plaintiff suffered any loss of profits and if so, the quantum","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiff claimed specific amount for loss of profits"}
  • {"issue_text":"Whether the defendant is liable for any such loss of profit","issue_type":"law","dispositive":"no","related_facts":"Defendant acted under principal's instructions"}
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background
Facts of the Case

Background

The plaintiff purchased a pneumatic punching machine from Taiwan on CIF terms. The defendant, acting as a subcontractor freight agent, refused to release the machinery in Harare pending payment of storage and handling charges by the seller. The plaintiff claimed $4,777,070,388-00 for loss of profits during the detention period from 1 September 2005 to 24 February 2006.
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