Mukorera v Ocean Breeze Engine & Cooling Systems (HC 1755 of 2006) [2008] ZWHHC 13 (26 February 2008)

Mukorera v Ocean Breeze Engine & Cooling Systems (HC 1755 of 2006) [2008] ZWHHC 13 (26 February 2008)

The plaintiff's claim for an appreciated value of the retained debt based on inflation is not recognized in law; inflation is not a cause of action for debt appreciation. Alternatively, if the claim is for damages, neither breach nor quantum of damages was adequately proved. Therefore, default judgment cannot be granted.

Citation
[2008] ZWHHC 13
Parties
Plaintiff: Jeofrey G Mukorera; Defendant: Ocean Breeze Engine & Cooling Systems
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
26 February 2008
Case Number
HC 1755 of 2006
Procedural Posture
Civil / Trial; Application for Default Judgment
Outcome
absolution from the instance
Legal Topics
Debt Recovery, Default Judgment, Inflation Adjustment, Breach of Contract, Damages
Source Language
English
Contract Law Civil Procedure Debt Recovery Default Judgment Inflation Adjustment Breach of Contract Damages

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Parties

Jeofrey G Mukorera

Plaintiff

Ocean Breeze Engine & Cooling Systems

Defendant

Procedural Posture

Civil / Trial; Application for Default Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to claim an appreciated value of a retained debt due to inflation
  2. 2 Whether the defendant's retention of part of the deposit was wrongful or constituted breach of contract
  3. 3 Whether damages have been adequately proved

Ratio Decidendi

The plaintiff's claim for an appreciated value of the retained debt based on inflation is not recognized in law; inflation is not a cause of action for debt appreciation. Alternatively, if the claim is for damages, neither breach nor quantum of damages was adequately proved. Therefore, default judgment cannot be granted.

Court Disposition

absolution from the instance

Orders

  • Defendant granted absolution from the instance.
  • Plaintiff granted leave to amend claim and set matter down for judgment upon service of amended claim.