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Harare High Court
Power Coach Express (Pvt) Limited v Martin Millers and Engineers
HH 121-2010
Case Details
Court
Harare High Court
Date
21 July 2010
Citation
HH 121-2010
Neutral Citation
[2010] ZWHH 121
Outcome
unknown
Case Type
Trial
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Contract LawCommercial Law
Keywords
breach of contractdamagestank specificationscontract variation
Tags
Contract LawBreach of ContractDamages
legislation
Statutes Cited
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Mr Muzondiwa authorized alteration of tank specifications and if so whether he was acting as agent of Total Zimbabwe","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's claim of authorization; plaintiff's denial of Muzondiwa's agency"}
- {"issue_text":"Whether the plaintiff is bound by any alterations to specifications authorized by Total Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Contract terms; agency principles"}
- {"issue_text":"Whether the plaintiff is entitled to damages and if so, the quantum thereof","issue_type":"mixed","dispositive":"yes","related_facts":"Breach of contract; quotation evidence"}
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background
Facts of the Case
Background
The plaintiff contracted the defendant to manufacture and supply four underground tanks with 6mm steel plate specifications. The defendant used 4.5mm plate instead, claiming authorization from a third party (Mr Muzondiwa from Total Zimbabwe). The plaintiff refused to accept the non-compliant tanks, and the defendant sold them to a third party. The plaintiff sued for damages.
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