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Harare High Court
ROSELT MITCHELL ENTERPRISES (PVT) LTD t/a METAL COMPONENTS v HAYGOLD ENTERPRISES (PVT) LTD
HH 31/18
Case Details
Court
Harare High Court
Date
24 January 2018
Citation
HH 31/18
Neutral Citation
[2018] ZWHH 31
Outcome
unknown
Case Type
Trial
Bench
Presiding
FOROMA J
Full Bench
FOROMA J
Areas of Law
Contract LawCommercial Law
Keywords
Mining equipmentGold processing plantPayment disputePre-used equipment
Tags
Mining equipment supplyBreach of contractPayment dispute
legislation
Statutes Cited
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff supplied equipment in terms of the contract","issue_type":"mixed","dispositive":"yes","related_facts":"Equipment supplied included pre-used items; defendant accepted delivery without query"}
- {"issue_text":"What sum has been paid by defendant and how much is outstanding","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff acknowledges $163,800; defendant claims $214,000"}
- {"issue_text":"Whether parties mutually rescinded the agreement","issue_type":"fact","dispositive":"yes","related_facts":"Defendant claims April 2015 agreement; plaintiff denies"}
- {"issue_text":"Whether parties entered alternative agreement in April 2015","issue_type":"fact","dispositive":"yes","related_facts":"Defendant's version of cancellation agreement"}
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background
Facts of the Case
Background
Plaintiff sued defendant for payment of $379,345 being balance due for mining equipment sold and delivered for construction of gold processing plant. Defendant disputed amount paid and claimed equipment was pre-used and unsuitable.
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