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Harare High Court
Lansdowne Estates (Pvt) Ltd v Farm A-Rama (Pvt) Ltd
HH 194-17
Case Details
Court
Harare High Court
Date
29 March 2017
Citation
HH 194-17
Neutral Citation
[2017] ZWHH 194
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Contract lawPrescriptionCommercial disputes
Keywords
Urea fertiliserStorageSale without authorityPrescriptionTender of payment
Tags
Storage agreementPrescriptionFertiliser saleGratuitous bailment
legislation
Statutes Cited
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim is prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Fertiliser sold end 2002, summons issued October 2006"}
- {"issue_text":"Whether defendant made proper tender of sale proceeds","issue_type":"fact","dispositive":"no","related_facts":"Dispute over amount and form of tender"}
- {"issue_text":"Whether defendant undertook to replace fertiliser","issue_type":"fact","dispositive":"no","related_facts":"Letter from ex-employee, meeting in early 2003"}
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background
Facts of the Case
Background
Plaintiff delivered 623 bags of urea fertiliser to defendant's premises for gratuitous storage in April 2002. Defendant later sold 383 bags under pressure from authorities and tendered proceeds to plaintiff, which plaintiff refused. Plaintiff claimed return of fertiliser or its value. Defendant raised prescription as defence.
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