ZEMQOS INCORPORATED (PVT) LTD v CITY PARKING (PVT) LTD

Key Issues

• {"issue_text":"Whether the defendant cancelled the contract between the parties in January 2017","issue_type":"fact","dispositive":"yes","related_facts":"Termination letters dated 4 January 2017 and 26 January 2017"}
• {"issue_text":"Whether the plaintiff's claim has prescribed","issue_type":"law","dispositive":"yes","related_facts":"Dates of termination, letters, and summons issuance"}
• {"issue_text":"Whether the parties entered into an agreement for allocation of 4445 parking bays and terms of such agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Correspondence about phases, handheld device allocation, funding availability"}
• {"issue_text":"Whether plaintiff is entitled to specific performance for allocation of 4445 parking bays","issue_type":"law","dispositive":"yes","related_facts":"Conditional nature of phase two, availability of funds"}
• {"issue_text":"Whether plaintiff is entitled to payment of US$5,536,016.25 for installation on 4445 bays","issue_type":"law","dispositive":"yes","related_facts":"Contract terms, breach, conditional performance"}
• {"issue_text":"Whether plaintiff is entitled to payment of US$103,500.00 for semi-automated parking license fees 2018-2020","issue_type":"law","dispositive":"yes","related_facts":"Software licensing terms, conditional contract"}
• {"issue_text":"Whether plaintiff is entitled to payment of US$36,895.82 for 555 bays license fees 2017-2020","issue_type":"law","dispositive":"yes","related_facts":"Software licensing for first phase, termination date"}
• {"issue_text":"Whether plaintiff is entitled to future payment for annual fees for 12 years","issue_type":"law","dispositive":"yes","related_facts":"Long-term licensing claim, contract duration"}
• {"issue_text":"Whether plaintiff has suffered damages and quantum thereof (alternative claim)","issue_type":"law","dispositive":"yes","related_facts":"Breach of contract, conditional terms"}
• {"issue_text":"Whether defendant is liable for parking license fees of US$36,895.82 for 2018","issue_type":"law","dispositive":"yes","related_facts":"Cancellation of 555 bay agreement, software termination"}

Background