The applicant seeks the setting aside of an order granted under case number HCHC 499/22 in default of its appearance at a case management conference on 18 May 2023. In the main dispute, the herein respondent had claimed an amount of US$45,000 as monies due and payable for a 40,000 litres consignment of diesel delivered, together with US$10,000 (presumably) as damages for breach of contract. More
The application hinges on a dispute pitting two related deceased estates as will be revealed from the brief history of the matter. The applicant approached the court seeking an order that farm 119 Zowa Zvimba (hereafter referred as to as the farm) is an undistributed asset of late estate John Hwata DR704/92. The applicant argued that the farm did not at any point devolve to the estate of late Enos Hwata and thus it should be inherited and administered by the applicant who is the surviving spouse of the estate late John Hwata. The first respondent in opposition argued that... More
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
