Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Approach re: Contract of Hire, Letting, Supply of Goods and Services, Service Agreements and Fiscal Considerations

HH88-09 : ALLIANCE FRANCAISE vs ADRIEN ORFORD and LESLEY ORFORD (T/A ALO ALO RESTAURANT)
Ruled By: PATEL J

Under the common law, an essential ingredient of a contractual lease is that the amount of the rent payable by the lessee must be fixed or that some definite mode of fixing the rent must be agreed upon. In other words, the rental must be in an ascertained or ascertainable amount. See Totoyi v Ncuka 1909 EDC ...
More

HB72-09 : RADAR INVESTMENTS (PVT) LTD t/a RADAR METAL INDUSTRIES vs K.A. AGENCIES AND DISTRIBUTORS (PVT) LTD
Ruled By: NDOU J

The plaintiff has issued summons against the defendant for the return of its trailer registration number 467-556M which had been leased to the defendant and which lease agreement has now been cancelled.Despite demand, the defendant has failed and/or refused to return the said trailer. Alternatively, the plaintiff prays that the value of the trailer should be ...
More

HH43-13 : FORM SCAFF (PRIVATE) LIMITED vs CHARLES LINZI
Ruled By: KUDYA J

The plaintiff company issued summons against the defendant, a building contractor, on 16 February 2011, seeking payment of US$1,340= per month hire costs from 1 February 2009 to the date, the defendant returns scaffolding equipment and the return, or alternatively, the value of that equipment in the sum of US$30,777=55. The defendant contested the action. The plaintiff ...
More

HB158-13 : KERRIES ENGINEERING (PVT) LTD vs MAKOMO RESOURCES (PVT) LTD
Ruled By: MAKONESE J

The plaintiff's claim against the defendant is for the following relief:- ''(i) Payment of the sum of US10,649= being the price agreed upon by the parties for the hire of the plaintiff's 40 tonne mobile crane by the defendant to offload 4 containers including the cost of the crane moving to and from Bulawayo to defendant's ...
More

HHH224-15 : THE STATE vs HENRY GANDA
Ruled By: MAFUSIRE J and MWAYERA J

This matter came up for review via referral by the Regional Magistrate in terms of section 58(3)(b) of the Magistrates Court Act [Chapter 7:10].On scrutiny, the Regional Magistrate declined to confirm the proceedings of the trial court. He felt that they were not in accordance with real and substantial justice.The ...
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