ZIMBOY SHIPPING PRIVATE LIMITED versus ZIM CHINA HAZEL INTERNATIONAL LOGISTICS (PRIVATE) LIMITED

Key Issues

• {"issue_text":"Whether the court a quo erred in finding that the respondent had specifically disputed the issue of demurrage and its rate in its plea.","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's plea paragraphs 5 and 6."}
• {"issue_text":"Whether the appellant proved the claim for demurrage on a balance of probabilities.","issue_type":"fact","dispositive":"yes","related_facts":"Evidence regarding loading dates, customs clearance delays, impounding of the truck, and rate calculation."}
• {"issue_text":"Whether the appellant proved the claim for extra mileage on a balance of probabilities.","issue_type":"fact","dispositive":"yes","related_facts":"Evidence regarding change of destination to Kolowezi and calculation of US$2,000.00 charge."}
• {"issue_text":"Whether the court a quo erred in its evaluation of the evidence based on the balance of probabilities and witness credibility.","issue_type":"law","dispositive":"yes","related_facts":"Appellant's witness evidence vs. Respondent's witness evidence."}
• {"issue_text":"Whether the court a quo erred in accepting the respondent's evidence based on a fraudulent discovery affidavit.","issue_type":"procedural","dispositive":"no","related_facts":"Discovery affidavit allegedly disowned by the deponent."}

Background