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Termination of Contracts and Notice of Cancellation re: Approach, Debtors Mora & Contractual Effect of Breach of Contract

HH14-09 : TENDAI MUZA vs CHRISTINA MUWIRIMI and FATIMA MURWISI and MUNICIPALITY OF CHITUNGWIZA
Ruled By: MTSHIYA J

On 17 April 2007 the plaintiff issued summons against the defendants claiming the following: “(a) An order that the plaintiff be declared the owner of Stand Number 14826 Unit 'O', Seke, Chitungwiza; (b) An order that the third defendant be ordered to cede rights, title and interests in House Number 14826 Unit 'O', Seke, Chitungwiza to the plaintiff; and (c) Costs ...
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HH71-09 : AGRO CHEM DEALERS (PVT) LTD vs STANLEY GOMO and CITY OF HARARE and RONALD AJARA and THE REGISTRAR OF DEEDS
Ruled By: GOWORA J

It is trite that where cancellation is lawful and justified on account of breach it takes effect from the time that the innocent party communicates the breach to the defaulting party. For this proposition, see Bako Anor v Bulawayo City Council 1996 (1) ZLR 232…, wherein GUBBAY CJ stated the following dicta: “Thus, it is those ...
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HH41-08 : ZODELLA ENTERPRISES (PVT) LIMITED vs LUXMORE NDENDA
Ruled By: GOWORA J

The plaintiff is a duly registered company trading under the name Borrowdale Motor Sales. As the trade name suggests, it, the plaintiff, trades in motor vehicles. On 6 June 2006, the plaintiff entered into an agreement with the defendant, in terms of which the plaintiff agreed to purchase a vehicle owned by the defendant, to wit, a ...
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SC21-09 : ZIMBABWE EXPRESS SERVICES (PRIVATE) LIMITED vs NUANETSI RANCH (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GWAUNZA JA and GARWE JA

This is an appeal against the decision of the High Court dismissing with costs the appellant's claim for delivery of two hundred heifers and two hundred steers. The background to this matter is as follows; At the relevant time, Nuanetsi Ranch (Pvt) Ltd (“the respondent”) was one of the largest cattle breeders in the country. During 2003, the respondent ...
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HH165-12 : MINING INDUSTYRY PENSION FUND vs FARTINGALE DESIGN (PVT) LTD AND LETINA UNDENGE
Ruled By: KUDYA J

The non-timeous payment of rent was a fundamental breach of the lease entitling the plaintiff cancellation of the lease agreement.
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HB12-12 : KENNEDY GWAMURE vs DINGANI TSHUMA
Ruled By: NDOU J

On the notice of cancellation, it is trite that it must be clear and unequivocal and takes effect from the time it is communicated to the other party.
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HB12-12 : KENNEDY GWAMURE vs DINGANI TSHUMA
Ruled By: NDOU J

A notice of intention to cancel must be such that the other party is or ought to be aware of its nature, but it is not necessary to use the word "cancellation." The intention to cancel may be made sufficiently clear in other ways.
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HB12-12 : KENNEDY GWAMURE vs DINGANI TSHUMA
Ruled By: NDOU J

The fundamental flaw in the notice of cancellation in this case is that it was not communicated to the applicant. Instead, the respondent communicated it to his own agent who apparently did not communicate it to the applicant. In any event, the termination of mandate given to the agent was not communicated to the ...
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HH03-09 : RACHEL MEYERS-MBIDZO N.O vs JOHN MARK CHIPUNZA AND REGISTRAR OF DEEDS
Ruled By: MTSHIYA J

Poor business decisions and greed cannot be allowed to interfere with the sanctity of contracts. The courts cannot, and should not, allow the sanctity of contracts to be destroyed by any factor that does not establish a breach of the terms of the contract.
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HH03-09 : RACHEL MEYERS-MBIDZO N.O vs JOHN MARK CHIPUNZA AND REGISTRAR OF DEEDS
Ruled By: MTSHIYA J

It has become common, in our economic environment, for greedy parties in commercial/business transactions to manufacture imaginary breaches of contracts when trying to address sudden effects of inflation. That..., cannot be allowed. Parties are, in general, always aware of the conditions under which they are contracting and should therefore spell out necessary protections within their ...
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HH40-08 : DHLIWAYO RODGERS vs SHAUN MANDAA KUDINGA
Ruled By: MTSHIYA J

This is an opposed application wherein the applicant seeks the following order:“1. The notice to terminate the lease agreement entered into between the applicant and the respondent on 28 August 2003 in respect of Number 5 Jacaranda Close, Hatfield, Harare be and is hereby declared null and void.2. The applicant ...