Timothy Curtis Jackson v Zimbabwe National Water Authority

HH 240-11

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Case Details

Court

Harare High Court

Date

24 October 2011

Citation

HH 240-11

Neutral Citation

[2011] ZWHH 240

Outcome

unknown

Case Type

Application

Bench

Presiding

Makonese J

Full Bench

Makonese J

Areas of Law

Contract LawDelictWater Law

Keywords

Water SupplyIrrigationDamagesLiabilityPrima Facie Case

Key Issues

{"issue_text":"Whether the plaintiff has established a prima facie case against the defendant to warrant denial of absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"All facts regarding evidence presented and contractual provisions"}
{"issue_text":"Whether the defendant is liable for the plaintiff's loss of tobacco crop","issue_type":"law","dispositive":"yes","related_facts":"Contractual terms, water availability, third-party interference"}
{"issue_text":"Whether the plaintiff has led sufficient evidence to support the claim for damages","issue_type":"fact","dispositive":"yes","related_facts":"Evidence on crop loss calculation and hectares irrigated"}

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Facts of the Case

Background

The plaintiff, a commercial farmer, entered into a contract with the defendant for the supply of water for irrigation. The defendant failed to supply the water, allegedly due to third-party interference and low water levels, resulting in the loss of the plaintiff's tobacco crop. The plaintiff sued for damages, and the defendant applied for absolution from the instance at the close of the plaintiff's case.

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