Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Rules of Construction or Interpretation re: Contractual Clauses & Contra Proferentem Rule or Contra Stipulatorem Rule

HH18-12 : PIONEER TRANSPORT (PVT) LTD vs DELTA CORPORATION LTD and DAVID LESLIE CRUTTEDEN
Ruled By: GOWORA J

On 1 January 2003, the applicant and the first respondent executed an agreement for the “supply of primary beverage transport services.”In terms of clause 8 of the agreement, the first respondent, Delta, appointed the services of the applicant, Pioneer, to distribute and deliver products on its behalf to various destinations.In ...
More

HH165-12 : MINING INDUSTYRY PENSION FUND vs FARTINGALE DESIGN (PVT) LTD AND LETINA UNDENGE
Ruled By: KUDYA J

I make three observations concerning clause 4.7.The first being that the phrase "derogating from the generality of the foregoing" preserves the obligations set out in preceding clauses.
More

HH25-10 : MAXWELL MATSVIMBO SIBANDA vs GWYNNE ANNE STEVENSON
Ruled By: CHITAKUNYE J

On the status of the Deed of Sale, clause 17 states that - “This Deed of Sale represents the entire contract between the parties and no oral amendment thereof or addition thereto shall have any force or effect unless and until reduced to writing and signed by the parties each before two witnesses.” ..,. The plaintiff did not ...
More

HH30-10 : TM SUPERMARKETS (PVT) LTD vs CHADCOMBE PROPERTIES (PVT) LTD
Ruled By: PATEL J and OMERJEE J

In my view, the options given to the lessor under clause 18 of the lease agreement are not conjunctive but disjunctive as is clear from the use of the words “either” and “or”. See S v Ncube Others 1987 (2) ZLR 246 (SC)..., where GUBBAY JA observed that - “the word “or” ...
More

HH236-10 : NATIONAL SOCIAL SECURITY AUTHORITY vs ALEC RYALS AND SKOTRIL (PRIVATE) LIMITED and ALEC KAGURU
Ruled By: MUTEMA J

THAT THE CANCELLATION OF THE LEASE AGREEMENT IS INVALID FOR WANT OF COMPLIANCE WITH CLAUSE 20.1.2 OF THE LEASE AGREEMENT This argument should not detain me. The argument thus raised was as a result of a misreading of clause 20.1 of the lease agreement. The respondents, so it seems to me, read clause 20.1.2 ...
More

HH268-10 : TOTAL ZIMBABWE (PRIVATE) LIMITED vs APPRECIATIVE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

I hold that the term “rentals”, as used in the letter of 15 May 2009, demonstrated that the defendant was aware of the sum of money demanded by the plaintiff as monthly rental payable. It was unwilling to pay that amount until the issues it had raised of parking space, pro rata sharing of ...
More

HB63-10 : SALLY MAPLANKA vs B. A. NCUBE HOLDINGS
Ruled By: NDOU J

The starting point in this matter is clause 3.2(a) of the lease agreement which provides that: “The rent shall be payable monthly in advance…, on or before the first day of each month…,.” The meaning of this clause is plain. It is that the rent is due and payable on or before the first day of each month. However, clause ...
More

HH36-11 : GENESIS VENTURES (PRIVATE) LIMITED vs ROLMAY TRADING (PRIVATE) LIMITED and LARDFAIR TRADING (PRIVATE) LIMITED
Ruled By: BERE J

It was the plaintiff's evidence that sometime in August 2007 his company was approached by a prospective client, Muswere Haulage Dynamics to enter into an agreement to facilitate the execution of a food distribution contract under the United Nations World Food Programme. Muswere Haulage Dynamics had vehicles to use but needed fuel in the ...
More

SC60-17 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED vs JAFATI MDALA
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and GUVAVA JA

Even if the contract could be said to be vague, it is trite that in such circumstances it would be interpreted against the party who drafted it. However, I am not persuaded that this is the situation in this case.
More

HH797-15 : PETER KAZINGIZI and THERESA MUCHABAIWA KAZINGIZI vs EQUITY PROPERTIES (PVT) LTD
Ruled By: MATHONSI J

As stated by McNALLY JA in Chegutu Municipality v Manyora 1996 (1) ZLR 262 (S)…,.: “There is no longer magic about interpretation. Words must be taken in their context. The grammatical and ordinary sense of the words is to be adhered to as said in Grey v Pearson (1957) 10 ER 1216 at 1234; 'unless that would lead to some absurdity, ...
More

HH43-06 : ZIMBABWE DEVELOPMENT BANK vs NAGA SALONS and NYARAI CHIWAURA and BETTY CHIWAURA
Ruled By: KUDYA J

Clause 2 of Part 1 of the General condition of the Invoice Discounting Agreement reads:- “Unless stated otherwise, this Invoice Discounting Agreement provides for a maximum amount of confirmed orders, advance payment amount, and discount rate together with additional interest levied on past due amounts, processing fees and costs relating to the enforcement of this agreement, recovery of ...
More

View Appeal
HB179-18 : YUSUF GAIBIE and MAHMOUD GAIBIE vs ALEXANDER CASTANHEIRA and RACHEL CASTANHEIRA
Ruled By: MAKONESE J

The defendants have made an application for absolution from the instance at the close of the plaintiffs case.The defendants contend that the plaintiffs had failed to lead evidence upon which a court might find in favour of their claims. The application is made on the basis that an essential of ...
More

HH39-11 : BLUMO TRADING (PVT) LTD vs NELMAH MILLING COMPANY (PVT) LTD and NELSON MAHUPETE
Ruled By: PATEL J

The plaintiff in this matter claims the sum of US$24,100 as special damages, being loss of profits arising from an alleged breach of contract by the defendants.It also claims restitution of US$10,000 paid as a deposit to the first defendant under the same contract.The defendants deny any breach on their ...
More

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 ...
More

HH965-15 : CONPLANT TECHNOLOGY (PVT) LTD vs WENTSPRING INVESTMENTS (PVT) LTD
Ruled By: MAFUSIRE J

The trial in this matter was held up by a preliminary argument on a special plea. The central question was whether or not the trial should be stayed and the matter referred to arbitration in terms of an arbitration clause in the contract between the parties upon which the plaintiff ...
More

SSC23-21 : SAMUEL UNDENGE vs THE STATE
Ruled By: UCHENA JA

This is an application for extension of time within which to apply for leave to appeal. After hearing submissions from both parties I reserved judgment.FACTUAL BACKGROUNDThe applicant is the former Minister of Energy and Power Development. He, amongst other things, supervised Zimbabwe Power Company (ZPC). On 14 January 2016, the ...
More

SC26-21 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and MAKONI JA

On 26 January 2017, this Court, in SC01-17, adjudicating over the parties' dispute, remitted the matter to the Labour Court (the court a quo) for a determination of the following issues:“To determine, on the basis of specific provisions of the Works Council Agreement concluded in September 2010, and the minutes ...
More

SC37-09 : EDDIES PFUGARI (PVT) LTD vs KNOWE RESIDENTS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

In reading an implied term into a contract, the court must of course be bound by the principles set out in case law: see Mullin (Pvt) Ltd v Benade Ltd 1952 (1) SA 211.
More

View Appeal
HMA28-20 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: ZISENGWE J

The parties in this application are embroiled in a bitter dispute over the implications of their failure to specifically include Value Added Tax (abbreviated herein as “VAT”) matters in agreements for the milling of sugarcane.The applicants are both companies duly incorporated in terms of the laws of Zimbabwe whose names ...
More

SC108-21 : VALENTINE MUSHAYAKURARA vs ZIMBABWE LEAF TOBACCO COMPANY (PRIVATE) LIMITED
Ruled By: MALABA CJ, UCHENA JA and CHIWESHE AJA

At the hearing of the appeal, the Court found, that, the appeal was devoid of merit, as the funds advanced to the appellant, by the respondent, to finance the production of his 2016–2017 tobacco crop were from offshore funding.The decision of the Court was based on the interpretation of the ...
More

HH412-21 : ZIMBABWE LEAF TOBACCO vs KEVIN COOKE
Ruled By: DUBE J

In Breastplate Service (Pvt) Ltd v Cabria Africa PLC SC66-20, the court zeroed in on issues regarding the intention of the parties in a contract and held, that, where the parties have agreed and expressed their intention that payment must be made in foreign currency, a court must give effect ...
More

HH28-16 : FARPIN INVESTMENTS [PVT] LTD vs NETONE CELLULAR [PVT] LTD and JUSTICE L.G. SMITH [RETD] - ARBITRATOR
Ruled By: MAFUSIRE J

This was an application for the setting aside of an arbitration award.The arbitrator, the second responded herein, was a retired Judge of this court.The basis of the application was that the arbitrator had misconstrued the factual basis of the applicant's claim before him. It was also said, that, the arbitrator's ...
More

Back Main menu

Categories