Gam Plastics (Pvt) Ltd v Speed Link Cargo (Pvt) Ltd (HC 1600 of 2006) [2007] ZWHHC 38 (12 June 2007)

Gam Plastics (Pvt) Ltd v Speed Link Cargo (Pvt) Ltd (HC 1600 of 2006) [2007] ZWHHC 38 (12 June 2007)

The plaintiff failed to establish a cause of action against the defendant, as there was no privity of contract and the defendant acted within the scope of its principal’s instructions and the bill of lading, which excluded liability for delay and granted a lien over the goods.

Citation
[2007] ZWHHC 38
Parties
Plaintiff: Gam Plastics (Private) Limited; Defendant: Speed Link Cargo (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 June 2007
Case Number
HC 1600 of 2006
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiff’s claim dismissed with costs
Legal Topics
CIF Contracts, Privity of Contract, Subcontractor Liability, Carrier's Lien, Damages for Delay
Source Language
English
Contract Law Commercial Law CIF Contracts Privity of Contract Subcontractor Liability Carrier's Lien Damages for Delay

Case Brief

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Parties

Gam Plastics (Private) Limited

Plaintiff

Speed Link Cargo (Private) Limited

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the plaintiff’s summons and declaration disclose a cause of action against the defendant
  2. 2 Whether the defendant had any legal obligations to release the goods purchased by the plaintiff before the seller had met all costs, charges and expenses incidental to the shipping and delivery of the goods to Harare
  3. 3 Whether the plaintiff suffered any loss of profits and if so, the quantum of the lost profit

Ratio Decidendi

The plaintiff failed to establish a cause of action against the defendant, as there was no privity of contract and the defendant acted within the scope of its principal’s instructions and the bill of lading, which excluded liability for delay and granted a lien over the goods.

Court Disposition

Plaintiff’s claim dismissed with costs

Orders

  • Plaintiff’s claim is dismissed with costs