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Harare High Court
W. Cornish (Private) Limited v Matabeleland Engineering
HH 464-18
Case Details
Court
Harare High Court
Date
8 August 2018
Citation
HH 464-18
Neutral Citation
[2018] ZWHH 464
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mushore J
Full Bench
Mushore J
Areas of Law
Contract LawCommercial Law
Keywords
consultancy feecommissionverbal agreementabsolution from the instance
Tags
contractconsultancycommission
legislation
Statutes Cited
- Not applicable
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff has established a prima facie case to justify the defendant to answer","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's failure to provide reliable evidence on sales profit and inclusion of old business invoices"}
- {"issue_text":"Whether the plaintiff is entitled to the claimed commission","issue_type":"fact","dispositive":"yes","related_facts":"Calculation of commission based on sales profit for new business only"}
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background
Facts of the Case
Background
The plaintiff sued for US$7,541.41 in commission and other fees, alleging a verbal agreement where it would be paid 10% commission on sales profit for new business generated. The defendant admitted the contract but disputed the calculation of profits, and at trial, the plaintiff failed to distinguish between new and old business or provide reliable profit figures.
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