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Harare High Court
TAPVICE ENTERPRISES [PRIVATE] LIMITED versus SINO ZIMBABWE COTTON HOLDINGS [PRIVATE] LIMITED
HH 156-13
Case Details
Court
Harare High Court
Date
16 May 2013
Citation
HH 156-13
Neutral Citation
[2013] ZWHH 156
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Contract LawCommercial Law
Keywords
Breach of ContractSpecific PerformanceDamages
Tags
Contract LawDamages
legislation
Statutes Cited
- No statutes were explicitly cited in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant breached contract by failing to deliver lint","issue_type":"mixed","dispositive":"yes","related_facts":"Contract terms, documentary evidence, shortfall quantification"}
- {"issue_text":"Whether special damages for lost profits were recoverable","issue_type":"law","dispositive":"yes","related_facts":"Export orders, defendant's awareness, mitigation efforts"}
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background
Facts of the Case
Background
Parties entered into a cotton procurement agreement where defendant as agent would buy seed cotton for plaintiff's ginnery. Plaintiff paid US$1.49M for cotton procurement but received lint equivalent 85.57 tonnes short. Defendant failed to deliver processed lint despite contractual obligations and documentary evidence of shortfall.
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