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Harare High Court
Moses Jiri v Total Zimbabwe (Pvt) Ltd
HH 557-18
Case Details
Court
Harare High Court
Date
20 September 2018
Citation
HH 557-18
Neutral Citation
[2018] ZWHH 557
Outcome
unknown
Case Type
Trial
Bench
Presiding
Muzofa J
Areas of Law
Commercial lawContract lawBanking law
Keywords
guarantee accountmarketing licence agreementfuel supplypactum commissoriumparate executie
Tags
contract lawbanking and financeguarantee accountpactum commissorium
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Article III(v) of the agreement constitutes a pactum commissorium","issue_type":"law","dispositive":"yes","related_facts":"Defendant's right to apply guarantee funds toward outstanding liabilities"}
- {"issue_text":"Whether plaintiff is entitled to refund of $83,000 deducted from guarantee account","issue_type":"mixed","dispositive":"yes","related_facts":"Deductions made without plaintiff's consent; plaintiff's acknowledgment of debt"}
- {"issue_text":"Whether defendant is entitled to counterclaim of $29,626.46 for unpaid fuel invoices","issue_type":"mixed","dispositive":"yes","related_facts":"Outstanding balance on plaintiff's account; plaintiff's acknowledgment of debt"}
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background
Facts of the Case
Background
The plaintiff claimed refund of $83,000 deducted by defendant from his guarantee account under a Marketing Licence Agreement. The defendant counterclaimed for $29,626.46 for unpaid fuel invoices. The plaintiff argued the deductions were unlawful and that equipment faults caused losses, while defendant claimed it acted contractually.
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