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Harare High Court
TOTAL ZIMBABWE (PRIVATE) LIMITED v LUKE SLAYTON MKUNGATU t/a DOMBOTOMBO SERVICE STATION
HH 261-2012
Case Details
Court
Harare High Court
Date
19 June 2012
Citation
HH 261-2012
Neutral Citation
[2012] ZWHH 261
Outcome
unknown
Case Type
Application
Bench
Presiding
KUDYA J
Full Bench
KUDYA J
Areas of Law
Contract LawProperty Law
Keywords
marketing licenceservice stationpump calibrationevictiondebt
Tags
marketing licence agreementcredit facilityacknowledgement of debtfaulty equipmentcancellation
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the opposing affidavit should be dismissed for failure to comply with Order 32 r 227 (1) (c) and 2 (d) of the High Court Rules.","issue_type":"procedural","dispositive":"no","related_facts":"Procedural compliance of the filed documents"}
- {"issue_text":"Whether there is a dispute of fact that is incapable of resolution on the papers.","issue_type":"procedural","dispositive":"yes","related_facts":"Disputes regarding debt amount and cause of shortfalls"}
- {"issue_text":"Whether the applicant was entitled to cancel the marketing licence agreement and claim the debt.","issue_type":"law","dispositive":"yes","related_facts":"Acknowledgement of debt, faulty equipment, contract terms"}
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background
Facts of the Case
Background
The applicant cancelled a marketing licence agreement with the respondent due to arrears in a credit facility. The respondent disputed liability, attributing the shortfalls to faulty equipment which the applicant failed to repair. The applicant sought to recover the debt and evict the respondent, while the respondent opposed the application on grounds of wrongful termination and disputed debt amounts.
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