Makarichu v Chikutu (HC 1878 of 2007) [2008] ZWHHC 98 (4 November 2008)

Makarichu v Chikutu (HC 1878 of 2007) [2008] ZWHHC 98 (4 November 2008)

The plaintiff and defendant were in a contract of sale for the goods delivered. The only remedy available to the plaintiff, having delivered the goods and not cancelled the sale, is to sue for the contract price as agreed, not the replacement or market value at the date of judgment. The amounts claimed are now worthless due to currency devaluation, and the plaintiff's claim for market value is not available at law.

Citation
[2008] ZWHHC 98
Parties
Plaintiff: Tendai Makarichi; Defendant: Augustine Chikutu
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
4 November 2008
Case Number
HC 1878 of 2007
Procedural Posture
Civil / Trial Judgment
Outcome
Plaintiff's claim dismissed with each party to bear its own costs.
Legal Topics
Sale of Goods, Breach of Contract, Remedies for Breach, Oral Contracts, Payment of Purchase Price
Source Language
English
Contract Law Sale of Goods Breach of Contract Remedies for Breach Oral Contracts Payment of Purchase Price

Case Brief

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Parties

Tendai Makarichi

Plaintiff

Augustine Chikutu

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the defendant paid for the last three consignments of hydraulic pipes and fittings delivered by the plaintiff
  2. 2 Whether the plaintiff is entitled to claim the replacement value or market value of the goods at the date of judgment instead of the contract price

Ratio Decidendi

The plaintiff and defendant were in a contract of sale for the goods delivered. The only remedy available to the plaintiff, having delivered the goods and not cancelled the sale, is to sue for the contract price as agreed, not the replacement or market value at the date of judgment. The amounts claimed are now worthless due to currency devaluation, and the plaintiff's claim for market value is not available at law.

Court Disposition

Plaintiff's claim dismissed with each party to bear its own costs.

Orders

  • The plaintiff’s claim is dismissed with costs.