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Bulawayo High Court
Long Deal Enterprises (Pvt) Ltd t/a Southern Empire Reality v Hwange Local Board
HB 169/19
Case Details
Court
Bulawayo High Court
Date
7 November 2019
Citation
HB 169/19
Neutral Citation
[2019] ZWHB 169
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE J
Areas of Law
Contract LawCivil Procedure
Keywords
Absolution from the instanceBreach of contractDamagesPrima facie caseTermination of contract
Tags
Contract LawBreach of ContractDamagesAbsolution from the Instance
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff established a prima facie case to withstand an application for absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff adduced evidence through its managing director; defendant acknowledged liability to compensate"}
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background
Facts of the Case
Background
The plaintiff and defendant entered into an agreement for development of 2000 low-cost residential stands in Hwange. The plaintiff commenced development work but the defendant terminated the agreement alleging non-performance. The defendant acknowledged liability to compensate the plaintiff for expenses incurred. The plaintiff sued for damages and the defendant applied for absolution from the instance.
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