Zimbabwe Agricultural Society v Confined Auto [Private] Limited & Kudakwashe Matyokurebwa

HH 72/24

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Case Details

Court

Harare High Court

Date

15 February 2024

Citation

HH 72/24

Neutral Citation

[2024] ZWHH 72

Outcome

unknown

Case Type

Trial

Bench

Presiding

Ndlovu J

Full Bench

Ndlovu J

Areas of Law

Contract LawProperty Law

Keywords

motor vehicleimportfraudulent misrepresentationrefundpurchase price

Key Issues

{"issue_text":"Whether there was a buyer and seller relationship between the parties.","issue_type":"fact","dispositive":"yes","related_facts":"Nature of the verbal agreement, invoice description, payment of purchase price."}
{"issue_text":"Whether the defendants fraudulently misrepresented to the plaintiff that the motor vehicle had been lawfully imported.","issue_type":"fact","dispositive":"no","related_facts":"Seizure by ZIMRA, basis of seizure."}

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background

Facts of the Case

Background

The plaintiff paid US$87,000.00 to the first defendant for a motor vehicle which was subsequently seized by ZIMRA due to fraudulent importation. The plaintiff sued for a refund, while the defendants argued the relationship was one of agency and that the vehicle's value had diminished.

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