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Harare High Court
Victoria Foods (Private) Limited v Trinpac Investments (Private) Limited and Medworths Properties (Private) Limited
HH 175-12
Case Details
Court
Harare High Court
Date
10 March 2011
Citation
HH 175-12
Neutral Citation
[2012] ZWHH 175
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Contract LawProperty Law
Keywords
acknowledgment of debtsurety mortgage bondcompromise agreementbreachcosts
Tags
debtcompromisemortgage bondbreach of contract
legislation
Statutes Cited
- N/A
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the parties are bound by the terms of the compromise agreement.","issue_type":"law","dispositive":"no","related_facts":"Existence of compromise agreement and conduct of parties"}
- {"issue_text":"Whether the applicant or the respondents breached the compromise agreement.","issue_type":"fact","dispositive":"yes","related_facts":"Stopping of flour supplies vs stopping of payments"}
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background
Facts of the Case
Background
The applicant sought payment of a debt of US$490,165.00 under an acknowledgment of debt and surety mortgage bond. The parties entered a compromise agreement for the respondent to make weekly payments of US$30,000.00 in exchange for continued flour supplies. The applicant stopped supplies, and the respondent stopped payments. The court found a factual dispute as to who breached first and dismissed the application.
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