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Harare High Court
ZIMBABWE FARMERS DEVELOPMENT COMPANY (PVT) LTD versus KIZITO DZVOVA
HH 111-18
Case Details
Court
Harare High Court
Date
2 March 2018
Citation
HH 111-18
Neutral Citation
[2018] ZWHH 111
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Contract LawProperty LawPrescription Law
Keywords
sale of goodsreservation of ownershipprescription of debtexceptionspecial plea
Tags
sale agreementprescriptionproperty reservation
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the exception to the summons as vague and embarrassing has merit","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's exception regarding nature of claim"}
- {"issue_text":"Whether the claim has prescribed under the Prescription Act","issue_type":"law","dispositive":"yes","related_facts":"Sale date 2009, summons issued 2016"}
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background
Facts of the Case
Background
The plaintiff sold farming equipment to the defendant on 10 September 2009, with ownership reserved until full payment. The plaintiff claimed $395,415.15, and the defendant raised an exception and a plea of prescription.
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