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Harare High Court
Zimbabwe Publishing House (Pvt) Ltd v Vigne Bookshop
HH 621-18
Case Details
Court
Harare High Court
Date
9 October 2018
Citation
HH 621-18
Neutral Citation
[2018] ZWHH 621
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Prescription Act [Chapter 8:11]Contract LawCommercial Law
Keywords
special pleaprescriptiontacit acknowledgment of liabilityrunning accountinterruption of prescription
Tags
prescriptiontacit acknowledgmentdebt recovery
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff's claim had prescribed given the three-year prescriptive period and whether payments made by the defendant interrupted prescription","issue_type":"law","dispositive":"yes","related_facts":"The defendant made periodic payments, last payment on 27 September 2014, summons served on 16 February 2017"}
- {"issue_text":"Whether the special plea of prescription should be upheld","issue_type":"procedural","dispositive":"yes","related_facts":"The defendant raised a special plea of prescription"}
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background
Facts of the Case
Background
The plaintiff claimed $20,133.46 from the defendant for books sold on its behalf between 2009 and 2014. The defendant raised a special plea of prescription, arguing that amounts due before 16 February 2014 had prescribed. The plaintiff argued that periodic payments by the defendant interrupted prescription.
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