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Harare High Court

Gatehill Enterprises (Pvt) Ltd t/a Iconic Masters v Conrad Makore t/a Elite Driving School

HH 28-17

Case Details

Court
Harare High Court
Date
25 January 2017
Citation
HH 28-17
Neutral Citation
[2017] ZWHH 28
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Chitakunye J
Full Bench
Chitakunye JNdewere J
Areas of Law
Contract lawCivil procedure
Keywords
Vehicle tracking systemVerbal contractBalance of probabilitiesAppeal against magistrate's decision
Tags
Contract disputeVehicle tracking servicesVerbal agreement
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the trial magistrate erred in finding that appellant failed to prove its case on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Verbal contract terms, evidence of witnesses, burden of proof"}
  • {"issue_text":"Whether Tazvida Gaza's evidence was crucial to appellant's case","issue_type":"procedural","dispositive":"no","related_facts":"Tazvida Gaza's role in contract negotiations"}
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background
Facts of the Case

Background

The appellant sued the respondent for USD3,188 for vehicle tracking services rendered. The parties entered into a verbal contract in December 2012 for installation of tracking devices on respondent's driving school vehicles. The contract was terminated in January 2013. The magistrate found for the defendant, holding that appellant failed to prove its case on balance of probabilities.
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