VICTORIA FALLS HOTEL PARTNERSHIP v JACKSON MUNYEZA POOLS

HH 244-17

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Case Details

Court

Harare High Court

Date

12 April 2017

Citation

HH 244-17

Neutral Citation

[2017] ZWHH 244

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Contract LawCivil Procedure

Keywords

Summary JudgmentContract CancellationDepositRenovationBona Fide DefenseSupervening Impossibility

Key Issues

{"issue_text":"Whether the respondent has a bona fide defense to the applicant's claim for summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's claims of cost increases and supervening impossibility"}
{"issue_text":"Whether the applicant is entitled to cancellation of the contract and repayment of the deposit","issue_type":"mixed","dispositive":"yes","related_facts":"Payment of deposit, failure to perform, cancellation"}
{"issue_text":"Whether the respondent established a prima facie defense that would entitle it to succeed at trial","issue_type":"law","dispositive":"yes","related_facts":"Respondent's allegations of material cost increases and transporter failure"}

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background

Facts of the Case

Background

The applicant paid a deposit of US$11,840 to the respondent for the renovation of two tennis courts, but the respondent failed to commence or complete the work despite receiving payment. The applicant cancelled the contract and sought summary judgment for repayment of the deposit plus interest.

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