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Harare High Court
Power Coach Express (Pvt) Ltd v Martin Millers
HH 232-11
Case Details
Court
Harare High Court
Date
19 October 2011
Citation
HH 232-11
Neutral Citation
[2011] ZWHH 232
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Contract LawCivil Procedure
Keywords
breach of contracttank fabricationspecific performancedamagesexecution pending appealdefective summons
Tags
contract lawbreach of contractspecific performancedamagesexecution pending appeal
legislation
Statutes Cited
- High Court Rules, Order 3 rule 11(c)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to execute pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Judgment awarded in favor of applicant, respondent noted appeal"}
- {"issue_text":"Whether the summons was fatally defective for not specifying damages amount","issue_type":"procedural","dispositive":"no","related_facts":"Summons claimed specific performance or damages without amount"}
- {"issue_text":"Whether the appeal has prospects of success","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent claims Muzondiwa authorized specification changes"}
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background
Facts of the Case
Background
The applicant contracted respondent to manufacture specialized fuel tanks. Respondent manufactured tanks using 4.5mm plates instead of agreed 6mm plates. Applicant rejected tanks and sued for damages. Trial court found breach and awarded damages. Respondent appealed and applicant sought leave to execute pending appeal.
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