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RIX UPHOLSTERY (PVT) LTD v BIDDULPHS (PVT) LTD 2008 (2) ZLR 210 (H)

2008 (2) ZLR p210

Citation

2008 (2) ZLR 210 (H)

Case No

Judgment No. HH-91-08

Court

High Court, Harare

Judge

Makarau JP

Heard

4 September 2008; 11 September 2008

Judgment

15 October 2008

Counsel

C Tafireyi, for the plaintiff
Mrs J B Wood, for the defendant

Case Type

Civil trial

Annotations

No case annotations to date

Flynote

Contract – depositum – applicability thereto of Praetorian edict relating to liability of sailors, innkeepers and stable-keepers — loss of goods deposited due to theft by employee of bailee — where onus of proving damage lies — "owner's risk" clause in contract — effect of – need for plaintiff to allege and prove gross negligence

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