Sakunda Holdings (Pvt) Ltd v Mutare Toyota and Charles Nhamo Nyambuya

HH 826-22

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Case Details

Court

Harare High Court

Date

16 November 2022

Citation

HH 826-22

Neutral Citation

[2022] ZWHH 826

Judgment No.

HH826/22

Outcome

unknown

Case Type

Trial

Bench

Presiding

Ndlovu J

Full Bench

Ndlovu J

Areas of Law

Contract LawCompany LawCommercial Law

Keywords

Specific performanceMotor vehicle contractAgency authorityJoint and several liability

Key Issues

{"issue_text":"Did the 1st defendant contract with the plaintiff?","issue_type":"mixed","dispositive":"yes","related_facts":"2nd defendant's position, use of company letterhead, payment into company account"}
{"issue_text":"Is the 2nd defendant personally liable?","issue_type":"mixed","dispositive":"yes","related_facts":"Continued involvement after resignation, refusal of Board Resolution"}

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background

Facts of the Case

Background

The plaintiff paid US$1,274,000.54 to the 1st defendant for 8 Toyota motor vehicles. Only 4 vehicles were delivered. The remaining 4 Toyota Land Cruiser LC200 vehicles were never delivered. The plaintiff sued both defendants jointly and severally for specific performance or damages. The 1st defendant denied contracting with plaintiff, claiming the 2nd defendant acted in personal capacity. The 2nd defendant claimed he acted with authority on behalf of 1st defendant.

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