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Supreme Court

ZEMQOS INCORPORATED (PRIVATE) LIMITED v CITY PARKING (PRIVATE) LIMITED

SC 74/24

Case Details

Court
Supreme Court
Date
25 July 2024
Citation
SC 74/24
Neutral Citation
[2024] ZWSC 74
Outcome
unknown
Case Type
Appeal

Bench

Presiding
CHIWESHE JA
Full Bench
BHUNU JACHIWESHE JAMUSAKWA JA
Areas of Law
Contract LawCivil Procedure
Keywords
Parking Management SystemCondition PrecedentResolutive ConditionPrescriptionTermination of Contract
Tags
Verbal ContractSpecific PerformanceDamagesBreach of Contract
legislation
Statutes Cited
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the appellant's claim had prescribed in terms of the Prescription Act.","issue_type":"procedural","dispositive":"yes","related_facts":"Termination notice date and date of service of summons."}
  • {"issue_text":"Whether the court a quo erred in refusing specific performance.","issue_type":"law","dispositive":"yes","related_facts":"Condition precedent of availability of funds."}
  • {"issue_text":"Whether the court a quo erred in dismissing the alternative claim for damages.","issue_type":"law","dispositive":"yes","related_facts":"Breach of contract and condition precedent."}
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background
Facts of the Case

Background

The parties entered into a verbal agreement in 2014 for the supply and installation of a fully automated parking management system in Harare. The appellant installed the system on 500 bays and supplied handheld devices, which were paid for. The agreement for the remaining 4,445 bays was conditional on the availability of funds. The respondent terminated the agreement in 2017, and the appellant sued for specific performance and damages in 2021.
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