Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Consensus Ad Idem re: Capacity to Contract & Presumption that Every Party to a Contract has Full Contractual Capacity

HH30-09 : GERALD MUJAJI vs FRANSCISCA MUSHORIWA and THE MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

This is an application in terms of section 52(9)(i) of the Administration of Estates Act [Chapter 6:01]....,.The facts giving rise to this matter which are not in dispute are as follows;The late Victor Doit Mujaji died on 10 June 1998 (the deceased). He is survived by the first defendant, whom ...
More

HH212-14 : SUSAN TAURAI MAPUNDE DUBE NO (In her capacity as the Executrix Dative Estate Late Daniel Dube) vs ROBERT MATOKA and THE REGISTRAR OF DEEDS and THE MASTER OF THE HIGH COURT
Ruled By: MAWADZE J

It is further alleged that Daniel Tembinkosi Dube, at the material time, did not have the mental capacity to perform juristic acts…..,.The background facts of the matter are as follows:-The applicant is the surviving widow of the late Daniel Tembinkosi Dube (the deceased) and was appointed the Executrix Dative of the Estate late Daniel Tembinkosi Dube, ...
More

HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

The plaintiff sues for the eviction of the defendant from her plot while the defendant counter-sues for the transfer of title, rights and interest in a portion of the same plot. The plaintiff testified and called the evidence of two other witnesses who were her daughter, Eneresi Simon, and an employee of the Epworth Local Board, Cagewell ...
More

Appealed
SC45-20 : MUCHANETA CHATAMBUDZA vs KUDAKWASHE MURAPE and MARBEL MURAPE
Ruled By: GWAUNZA DCJ, GARWE JA and MAKONI JA

This is an appeal against the whole judgment of the High Court declaring the Agreement of Sale between the appellant and the respondents valid and binding on the basis that the appellant had the requisite mental capacity to contract and granting the consequential relief of eviction of the appellant.FACTUAL BACKGROUNDPrior ...
More

View Appeal
HH339-18 : KUDAKWASHE MURAPE and MABLE MURAPE vs MUCHANETA CHATAMBUDZA
Ruled By: CHIKOWERO J

The crisp issue for determination is whether, at the material time, the defendant did not have the mental capacity to enter into the Agreement of Sale by reason of insanity.If the answer is in the affirmative, the Agreement of Sale entered into between the plaintiffs and the defendant, on 26 ...
More

Appealed
SC74-20 : SHAILLON CHISWA vs CAR RENTAL SERVICES PL t/a AVIS RENT A CAR and BERNARD CHISWA
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

This is an appeal against the whole judgment of the High Court handed down on 24 September 2018 wherein it granted the first respondent's claim against the appellant.BACKGROUND FACTSThe following facts are common cause;The second respondent, Bernard Chiswa (“Bernard”), entered into a car hire agreement with the first respondent, Car ...
More

View Appeal
HH563-18 : CAR RENTAL SERVICES (PVT) LTD T/A AVIS RENT A CAR vs BERNARD CHISWA and SHAILLON CHISWA
Ruled By: MUZOFA J

The plaintiff issued summons against the defendants claiming payment of US$13,868=90 for car rental charges due to the plaintiff and interest thereon at the rate of 3.5% from 1 April 2016 to date of full payment.The undisputed facts are that the first defendant entered into a car hire agreement with ...
More

SC116-21 : ALFRED MWAZHA and OTHERS vs ERNEST MHAMBARE
Ruled By: MAVANGIRA JA, UCHENA JA and CHIWESHE JA

Every person is presumed normal and of sound mind until the contrary is proved.
More

SC138-21 : DIVVYLAND INVESTMENTS (PRIVATE) LIMITED vs DAVID CHIWEZA
Ruled By: PATEL JA, GUVAVA JA and BHUNU JA

In Wells v Southern African Alumenite Co. 1927 AD 69…, INNES J expressed that:“If there is one thing which, more than another, public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely ...
More

Back Main menu

Categories