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Bulawayo High Court
Patricia Mashoro t/a Amaveni Stockist v Delta Beverages (Pvt) Ltd
HB 166/19
Case Details
Court
Bulawayo High Court
Date
31 October 2019
Citation
HB 166/19
Neutral Citation
[2019] ZWHB 166
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE J
Areas of Law
Contract LawCivil Procedure
Keywords
oral contractbreach of contractdamagesabsolution from instanceprima facie case
Tags
Contract LawBreach of ContractDamagesAbsolution from Instance
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff established prima facie case for breach of contract","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's contradictory evidence, lack of corroboration, unclear contract terms"}
- {"issue_text":"Whether defendant is entitled to absolution from instance","issue_type":"procedural","dispositive":"yes","related_facts":"Insufficient evidence at close of plaintiff's case"}
- {"issue_text":"Whether defendant's counterclaim should be granted","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiff admitted liability in pleadings but later denied"}
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background
Facts of the Case
Background
Plaintiff claimed US$135,700.92 for loss of income alleging breach of oral contract to operate stockist business for defendant. Defendant counterclaimed US$57,320.83 for unpaid stock supplied on credit. Plaintiff's evidence was contradictory and failed to establish prima facie case.
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