Tonderai Abel Masango v Farmers Commodity Stock Exchange (Pvt) Ltd & 10 Others

HH 248-13

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Case Details

Court

Harare High Court

Date

12 August 2013

Citation

HH 248-13

Neutral Citation

[2013] ZWHH 248

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Law of DelictLaw of AgencyLabour Law

Keywords

EmployeeIndependent ContractorPrincipalVicarious LiabilityGrain Sales

Key Issues

{"issue_text":"Whether Peter Kenneth was an employee and/or agent of FCSE, or an independent contractor.","issue_type":"law","dispositive":"yes","related_facts":"The nature of the contractual relationship between Kenneth and FCSE, including control, supervision, and payment terms."}
{"issue_text":"Whether FCSE is vicariously liable for the delicts of Peter Kenneth.","issue_type":"law","dispositive":"yes","related_facts":"The alleged non-payment by Kenneth for grain delivered to him."}

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Facts of the Case

Background

Eleven farmers sued Farmers Commodity Stock Exchange (FCSE) and Peter Kenneth for non-payment for grain sold. The farmers alleged Kenneth was an employee of FCSE, making FCSE vicariously liable. FCSE argued Kenneth was an independent contractor. The court found Kenneth was an independent contractor and dismissed the claims against FCSE.

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