UPSET INVESTMENTS (PRIVATE) LIMITED versus CHITUNGWIZA MUNICIPALITY

HH 100-17

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Case Details

Court

Harare High Court

Date

15 February 2017

Citation

HH 100-17

Neutral Citation

[2017] ZWHH 100

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUREMBA J

Full Bench

MUREMBA J

Areas of Law

Contract LawAdministrative LawProcurement Law

Keywords

TenderMunicipalityContractNullityRefurbishedBrand New

Key Issues

{"issue_text":"Whether a valid contract existed between the parties.","issue_type":"law","dispositive":"yes","related_facts":"Tender submission, Town Clerk's letter, Council resolution, Procurement statutes."}
{"issue_text":"Whether the plaintiff is entitled to the balance of the purchase price.","issue_type":"law","dispositive":"yes","related_facts":"Delivery of excavator, non-payment."}
{"issue_text":"Whether the defendant is entitled to a refund of the deposit.","issue_type":"law","dispositive":"yes","related_facts":"Payment of deposit, lack of valid contract."}

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background

Facts of the Case

Background

The plaintiff claimed payment for an excavator sold to the defendant, while the defendant counter-claimed for a refund of its deposit, alleging the plaintiff delivered a second-hand machine instead of a new one as required by the tender. The court found that no valid contract was ever formed between the parties due to non-compliance with statutory procurement procedures and the suspicious conduct of the municipality's Town Clerk.

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