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Harare High Court
Midlands State University v R McDiarmid (Pvt) Ltd & 3 Ors
HH 763-18
Case Details
Court
Harare High Court
Date
16 November 2018
Citation
HH 763-18
Neutral Citation
[2018] ZWHH 763
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Contract LawCivil Procedure
Keywords
auditorium chairscontract breachsummary judgmentdeposit refund
Tags
Contract LawSummary JudgmentBreach of ContractSupply Agreement
legislation
Statutes Cited
- Companies Act
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether first respondent has bona fide defence to summary judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent failed to address merits, focused on preliminary point regarding other respondents"}
- {"issue_text":"Whether application properly brought against first respondent only","issue_type":"procedural","dispositive":"no","related_facts":"Application explicitly cited first respondent only"}
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background
Facts of the Case
Background
Midlands State University paid a deposit of $276,750 to R McDiarmid (Pvt) Ltd for supply and installation of 5,000 auditorium chairs. The company failed to deliver within the agreed 5-week period. The university sought summary judgment for refund of $242,900.01 after set-off.
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