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POWER COACH EXPRESS(PVT)LTD v MARTIN MILLERS (PVT) LTD 2011 (2) ZLR 300 (H)

2011 (2) ZLR p300

Citation

2011 (2) ZLR 300 (H)

Case No

Judgment No. HH-232-11

Court

High Court, Harare

Judge

Gowora J

Heard

22 February 2011; CAV

Judgment

19 October 2011

Counsel

B Chidziva, for the applicant
T Mpofu, for the respondent

Case Type

Application for leave to execute pending appeal

Annotations

None

Flynote

Contract – breach – damages – general and special damages – distinction between – claim for damages as alternative to claim for specific performance – such a claim for general damages – not necessary to specify amount of such damages in summons – value to be assessed as at date of trial

Contract – breach – remedies – specific performance – claim for specific performance, alternatively damages – whether necessary to specify amount of damages being claimed – when amount of damages in lieu of specific performance must be assessed

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