After a selective tender process, applicant (“FBC”) awarded a US$24,867,340,0228 contract for the construction of its head office in Borrowdale, Harare, to first respondent (“Zimbabwe Nantong”). A principal term of the contract was that payment of the United States Dollar (USD) contract price would be made in the local currency- “ZWL”. The contract documentation carried two sets of exchange rate formulas applicable to the USD-ZWL conversion concerned. These formulas were expressed as follows;-(i) “The Bills of Quantities will be priced in USD and payments will be made in ZWL equivalent” and (ii) “The payment to the contractor will be made... More
This is an application for absolution from the instance at the close of the plaintiff’s case which the plaintiff has opposed. The plaintiff is a Construction Company. It was engaged by the defendant to render certain construction services to defendant’s property at 110 Swan Drive Alexandra Park Harare namely making certain additions and alterations to an existing dwelling and erecting a boundary wall and modifying the gate as per detailed drawings. More
The three matters above were dealt with by the same Provincial Magistrate sitting at Mbare. The trials of the accused persons were disposed of by guilty plea procedure in terms of s 271(2)(b) as read with s 271(3) of the Criminal Procedure & Evidence Act, ([Chapter 9:07]. In the case of S v Febbie Mukotodzi CRB 2422/21 the accused on his guilty plea was convicted of assault as defined in s 89(1)(a) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23] (“Criminal Code”). It was alleged that the accused slapped the complainant several times on the face on 15... More
