TRANSMEDIA CORPORATION (PVT) LTD v BEACH CONSULTANCY COMPANY t/a AVIATION GROUND SERVICES

HH 162-10

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Case Details

Court

Harare High Court

Date

21 July 2010

Citation

HH 162-10

Neutral Citation

[2010] ZWHH 162

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

DelictContractInsurance

Keywords

duty of careres ipsa loquiturvolenti non fit injuriamysterious disappearancewarehouse liability

Key Issues

{"issue_text":"On what legal basis is the defendant liable to the plaintiff?","issue_type":"law","dispositive":"yes","related_facts":"The defendant received goods for storage and they went missing"}
{"issue_text":"Did the defendant exercise reasonable care while the consignment was in its custody?","issue_type":"fact","dispositive":"yes","related_facts":"Goods disappeared from warehouse"}
{"issue_text":"Is the defendant liable for the loss of the consignment and if so is the defendant liable to the plaintiff for compensation in the amount claimed?","issue_type":"mixed","dispositive":"yes","related_facts":"Value of goods and liability for loss"}

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background

Facts of the Case

Background

The plaintiff's consignment of electrical goods valued at US$44,202.50 was received by the defendant for storage and handling at Harare International Airport on 3 March 2008. The goods were discovered missing on 14 April 2008 when the plaintiff attempted to collect them after customs clearance. The defendant admitted the goods were missing but claimed a "mysterious disappearance" and denied negligence.

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