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Bulawayo High Court

Wilson Andrew Wadi T/A M & W Motors v Total Zimbabwe Limited

HB 161.19

Case Details

Court
Bulawayo High Court
Date
24 October 2019
Citation
HB 161.19
Neutral Citation
[2019] ZWHB 161
Outcome
unknown
Case Type
Trial

Bench

Presiding
MOYO J
Full Bench
MOYO J
Areas of Law
Contract LawDelict
Keywords
damagesunlawful suspensionmarketing licenceservice stationfranchise agreement
Tags
marketing licence agreementservice stationfranchisesuspension
legislation
Statutes Cited
  • Not applicable
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the plaintiff made out a prima facie case against the defendant to warrant the defendant being called to its defence","issue_type":"procedural","dispositive":"yes","related_facts":"All facts regarding plaintiff's claims and defendant's conduct under the agreement"}
  • {"issue_text":"Whether the defendant acted within the terms of the marketing licence agreement","issue_type":"law","dispositive":"yes","related_facts":"Suspension of licence, plaintiff's breach of agreement, audit results"}
  • {"issue_text":"Whether the plaintiff proved any damages","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's claims for $50,000, $1,350, $64,350, $25,000, $73,935.29, $44,283"}
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background
Facts of the Case

Background

Plaintiff was a Total service dealer operating a service station under a marketing licence agreement with the defendant. The defendant investigated losses at the station and subsequently suspended the plaintiff's marketing licence agreement. Plaintiff claims damages for unlawful suspension, reimbursement of licence fees, unauthorized use of licences, refund of capital, losses due to equipment monitoring failure, and overcharged rentals.
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