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Principal Registry - 2007

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1 judgment
March 2007
Eximbo (PTY) Limited v AGA Karim & Sons Limited (Civil Cause 310 of 1998) [2007] MWHC 429 (16 March 2007)
Contract for sale of goods: plaintiff supplied goods to specification; defendant's quality complaint not proved, plaintiff awarded unpaid price and loss of profits.
  • Contract for sale of goods — description and specifications — interpretation of proforma invoice and order; burden of proof on quality complaint; commercial testing (SGS/South African Wheat Board) v. Malawi Bureau of Standards; breach/repudiation for non-payment; damages for unpaid price and loss of profits; counterclaim dismissed
16 March 2007