The defendant was employed by Dairiboard Zimbabwe Limited. On 1st January 1998 he was seconded to the plaintiff as a Finance Manager and Company Secretary for a period of two years, subject to annual review by the plaintiff’s managing director. Apart from the question of remuneration due to the defendant, the contract of assignment also provided for the defendant to be provided with a vehicle as part of his remuneration package with the plaintiff. The plaintiff has now instituted proceedings against the defendant for the recovery of monies it states are due in respect of that vehicle. The parties agreed... More
The respondent, Comfort HR Strategies (Comfort) sued the applicant, Dairibord Zimbabwe (Private) Limited (Dairibord) under case number HC 2591/20 for the refund of USD110 000.00 a claim based on unjust enrichment. Comfort is a company registered in terms of the laws of South Africa. According to Comfort ’s declaration, there was a verbal agreement between the parties in October 2018 the material terms of which were that Comfort would pay, on behalf of Dairibord, to Dairibord’s foreign suppliers for the purchase of certain input materials. It was agreed that Comfort will pay a total sum of USD500 000.00 to Dairibord’s... More
“I make bold to say that it is not just for the sake of poetry that the old adage, context is everything, holds true. In so many scenarios, words alone ring hollow. Context gives life and meaning to what is said or written. Is a court of law then entitled, or required, to take cognisance of context when interpreting a contract? That is the question that this Court is
called upon to answer.”- Constitutional Court of South Africa. More
The applicants approached this court seeking an order for interim interdict under the following terms:
“1. The Respondent, personally or through his agents, or anyone claiming rights or title through them are interdicted and restrained from preventing the applicants and /or their duly appointed employee, contractors and/or agents, from accessing 1st Applicant’s Gudubu Mines at Mhangura, Chinhoi for purposes of conducting and maintenance work on the shaft and machinery. Failing which, the Sheriff of the High Court, with the assistance of the Zimbabwe Republic Police shall take all necessary steps to grant access to the applicants, and herein their duly... More
The first applicant, a duly registered company, is the holder of copper mining rights for the mining claims known as Gubudu 1-3 whose registration numbers are set out above. The second applicant claims to be the majority shareholder with 66% shareholding in the first applicant. The respondent is said to be the biological elder brother of Baoming Huang, the minority shareholder who holds 34% shares in the first applicant. There is a pending shareholding and directorship dispute between the parties under case numbers HC 2480/20 and HC 2492/20, amongst others. It is also submitted that there has been no mining... More
