NJZ Resources (HK) Limited v Minemills Trading (Private) Limited and Others

HH 341-13

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Case Details

Court

Harare High Court

Date

9 October 2013

Citation

HH 341-13

Neutral Citation

[2013] ZWHH 341

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Bhunu J

Full Bench

Bhunu J

Areas of Law

Contract LawInterim ReliefProperty Law

Keywords

RepossessionBreach of contractProvisional orderMachineryMotor vehicles

Key Issues

{"issue_text":"Does the applicant have a prima facie case entitling it to interim relief?","issue_type":"law","dispositive":"yes","related_facts":"Delivery of property, non-payment, existence of repossession clause"}
{"issue_text":"Is the balance of convenience in favour of granting the interim order?","issue_type":"mixed","dispositive":"yes","related_facts":"Risk of irreparable prejudice to applicant, loss of business to respondents"}
{"issue_text":"Can the respondents’ defence of illegality justify continued use of the property without payment?","issue_type":"law","dispositive":"yes","related_facts":"Challenge to contract validity, lack of security"}

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background

Facts of the Case

Background

The applicant, NJZ Resources (HK) Limited, entered into a sale agreement with Minemills Trading (Private) Limited for equipment and motor vehicles valued at over US$1.6 million. The first respondent failed to pay, and the applicant sought repossession under a contractual clause allowing repossession upon breach. The second and third respondents are directors of the first respondent, and the fourth respondent is leasing the disputed property.

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