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Variation of Contracts re: Deed of Settlement, Compromise Agreement iro Waiver, the Presumption Against Waiver & Estoppel

Appealed
SC18-11 : RIO TINTO (AFRICA) PENSION FUND vs AFARAS M. GWARADZIMBA (in his capacity as Liquidator of Sagit Stockbrokers PL) and AFARAS M. GWARADZIMBA (in his personal capacity)
Ruled By: MALABA DCJ, SANDURA JA and GARWE JA

In the alternative, the appellant has argued that the first respondent had compromised the claim by offering to deliver the shares and should therefore be held to such a compromise. It is correct that in terms of section 221 of the Companies Act [Chapter 24:03], a liquidator has power to compromise or admit any claim. This ...
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HH08-09 : TARUVA TARUVA vs DEVEN ENGINEERING P/L and MOTEC HOLDINGS P/L and REGISTERING OFFICER, CENTRAL VEHICLE REGISTRY
Ruled By: MAKARAU JP

The plaintiff joined the first defendant on 1 July 2006. He was employed by the first defendant as its Financial Controller and Company Secretary. It was a specific term of his employment that the plaintiff would be entitled to the use of a motor vehicle and to participate in the Group motor vehicle scheme. In ...
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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

In the heads of argument, it is submitted that the local authority waived its rights to claim cancellation of the contract. According to CHRISTIE, The Law of Contract, 3ed…, there is a presumption against waiver of contractual rights even in some cases strongly suggesting the same. Thus, there is a heavy evidentiary burden on the party alleging ...
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HH27-09 : ZIMRE PROPERTY INVESTMENTS LI MITED vs JOANDRISA ANIMAL FEEDS (PVT) LTD
Ruled By: UCHENA J

The applicant is the owner of premises known as Fidelity Life Towers. It bought the property from Fidelity Life Assurance of Zimbabwe Ltd, the previous owner. The respondent leased part of the 4th Floor of these premises from the previous owner. Clause 37 of the lease agreement provides for the termination of the lease agreement by ...
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HH175-12 : VICTORIA FOODS (PVT) LTD vs TRINPAC INVESTMENTS (PVT) LTD and MEDWORTHS PROPERTIES (PVT) LTD
Ruled By: CHIWESHE JP

According to the applicant, the background facts to this matter are as follows: On 21 June 2010, the first respondent, represented by its Chief Executive Officer, signed an acknowledgment of debt in favour of the applicant in the sum of US$418,400=. The debt had arisen on account of the supplies of the applicant's products at the ...
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HH38-10 : LUCIA MUNYANYI vs LIMINARY INVESTMENTS AND ISRAEL GUMUNYU N.O.
Ruled By: MAKARAU JP

Counsel for the first respondent sought to argue that the applicant waived her right to retain the premises until the date of transfer by allowing the first respondent occupation of the same prior to that date. In my view, waiver is not the correct legal principle applicable in this matter. Waiver is usually pleaded as a ...
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HH102-12 : GRAEME CHADWICK vs JG CONSTRUCTION
Ruled By: MATHONSI J

The applicant…, instituted summons action against the respondent company.., for payment of a sum of US$88,000= together with interest at the prescribed rate and attorney and client costs. In his declaration, the applicant averred that he sold and delivered to the respondent a UD Nissan 15 ton truck for a price of US$68,000= about 2006 or ...
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HH64-10 : STATIONERY BOX (PVT) LTD vs NATCON (PVT) LTD and FARAI NDEMERA
Ruled By: MAKARAU JP

This is an application for summary judgment. On 6 October 2009, the plaintiff issued summons against the defendants claiming the sum of US$4,568=85 in respect of certain goods allegedly sold and delivered at the first defendant's special instance. In its declaration, the plaintiff alleged that during the period 22 April to 20 May 2009, the plaintiff supplied stationery ...
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HH75-10 : A.C. CONTROLS (PVT) LTD vs EMMANUEL MIDZI and ALPADETAIL (PVT) LTD t/a E AND Z ENTERPRISES P/L
Ruled By: UCHENA J

The applicant is a company duly incorporated in terms of the laws of Zimbabwe. It carries on the business of electrical engineering. The first respondent was its employee. He was its Chief Executive Officer. He tendered his letter of resignation on 8 February 2010.The second respondent is the first respondent's ...