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Harare High Court

Primac Enterprises (Private) Limited t/a Primacomms v National Handicraft Centre (Private) Limited and Vice Security Company (Private) Limited

HH 30-2011

Case Details

Court
Harare High Court
Date
9 February 2011
Citation
HH 30-2011
Neutral Citation
[2011] ZWHH 30
Outcome
unknown
Case Type
Trial

Bench

Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Contract LawDelictCommercial Litigation
Keywords
security obligationslease agreementburglarycompensationforeign currency damages
Tags
lease agreementsecurity servicesbreach of contractdamagesforeign currency
legislation
Statutes Cited
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Did the first defendant undertake to provide security for the leased premises?","issue_type":"mixed","dispositive":"yes","related_facts":"Clause (W) of lease agreement, payment of security invoices, verbal discussions"}
  • {"issue_text":"Was the second defendant contracted to provide security services at the leased premises?","issue_type":"fact","dispositive":"yes","related_facts":"Second defendant's evidence, contract with Kingsport only"}
  • {"issue_text":"Are the defendants liable for the plaintiff's loss?","issue_type":"law","dispositive":"yes","related_facts":"Breach of security undertaking, causal link to loss"}
  • {"issue_text":"What is the reasonable value of the plaintiff's lost goods?","issue_type":"fact","dispositive":"yes","related_facts":"Replacement value, age of goods, currency of loss"}
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background
Facts of the Case

Background

The plaintiff leased premises from the first defendant. Despite the lease agreement not covering security, the parties allegedly agreed verbally that the first defendant would provide security services for which the plaintiff would pay. The plaintiff paid for security services through monthly invoices. On 18 April 2008, the premises were burglarized and the plaintiff lost computer equipment and software valued at US$5,753.90. The plaintiff sued both the landlord and security company for compensation.
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