DANANGWE DISTRICT YOUTH MINING CO-OPERATIVE SOCIETY LTD v BRECKRIDGE INVESTMENTS (PVT) LTD & ORS 2019 (1) ZLR 632 (H)
Citation | 2019 (1) ZLR 632 (H) |
Case No | Judgment No. HH-230-19 |
Court | High Court, Harare |
Judge | Mangota J |
Heard | 25 February 2019 |
Judgment | 22 March 2019 |
Counsel | F M Katsande , for the plaintiff |
Case Type | Opposed application |
Annotations |
Flynote
Contract – fulfilment – fictional fulfilment – condition precedent requiring fulfilment to enable contract to be performed – defendants intentionally failing to fulfil condition – court deeming contract to have been fictionally fulfilled – plaintiff entitled to lien and to damages for breach of contract
Practice and procedure – exception – basis for – exception based on technicalities which did not affect substance of claim – exception dismissed
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