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Harare High Court
Hothfield Enterprises (Pvt) Ltd and Tony Renato Sarpo v Triangle Limited t/a Tongaat Hullet Triangle Limited or Triangle Sugar Corporation Limited and Tungamirai Isaac Rukatya and TIV Estate and CBZ Bank Limited
HH 383-21
Case Details
Court
Harare High Court
Date
22 July 2021
Citation
HH 383-21
Neutral Citation
[2021] ZWHH 383
Outcome
unknown
Case Type
Trial
Bench
Presiding
Chinamora J
Full Bench
Chinamora J
Areas of Law
Commercial LawCivil ProcedurePrescription
Keywords
prescriptiongrower numbersugar canediversion of fundscause of action
Tags
sugar cane proceedsgrower numberprescriptioncommercial dispute
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"When did the cause of action arise for prescription purposes?","issue_type":"mixed","dispositive":"yes","related_facts":"Creation of grower number 346 on 4 August 2014; plaintiffs' knowledge in June 2015"}
- {"issue_text":"Did the plaintiffs have knowledge of the creation of grower number 346 through reasonable care?","issue_type":"factual","dispositive":"no","related_facts":"Defendants' failure to obtain required resolution; CBZ Bank letter in June 2015"}
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background
Facts of the Case
Background
The plaintiffs, sugar cane growers, alleged that the defendants unlawfully created a new grower number (346) to divert funds that should have been paid through the plaintiffs' original grower number (591). The defendants raised a special plea of prescription, arguing the claim was extinguished as summons were issued more than three years after the creation of grower number 346 in August 2014.
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