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BARREL ENGINEERING & FOUNDERS (PVT) LTD v BITUMEN CONSTRUCTION SERVICES (PVT) LTD 2016 (2) ZLR 582 (H)

Citation

2016 (2) ZLR 582 (H)

Case No

Judgment No. HH-715-16

Court

High Court, Harare

Judge

Mangota J

Heard

17 November 2016

Judgment

17 November 2016

Counsel

B Mufadza, for the plaintiff
E Drury, for the defendant

Case Type

Special plea

Annotations

Flynote

Contract – performance – time for – position when time for performance not agreed between the parties – need for defaulting party to be placed in mora by demand being made specifying time for performance.

Prescription – interruption of – acknowledgement of debt – tacit acknowledgement made when seeking indulgence – prescription thereby interrupted.

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