Lisias Sibanda v Raymond Tazarurwa

HH 28-23

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Case Details

Court

Harare High Court

Date

19 January 2023

Citation

HH 28-23

Neutral Citation

[2023] ZWHH 28

Outcome

unknown

Case Type

Trial

Bench

Presiding

MHURI J

Full Bench

MHURI J

Areas of Law

Contract LawCivil Procedure

Keywords

Breach of ContractSoftware Development ContractRestitutionPoint in LimineDefective Summons

Key Issues

{"issue_text":"Whether the summons are defective for failing to disclose a cognizable cause of action in compliance with Rule 12(5)(d)","issue_type":"procedural","dispositive":"yes","related_facts":"The summons claimed \"damages for breach of contract\" while the relief sought appeared to be restitution"}

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Facts of the Case

Background

Plaintiff paid defendant US$50,000 as deposit for a customized online store program. Defendant delivered an "off the shelf" program that did not meet specifications. Plaintiff cancelled the contract and claimed refund. Defendant raised a point in limine alleging defective summons.

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