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ZIMBABWE EXPRESS SERVICES (PVT) LTD v NUANETSI RANCH (PVT) LTD 2009 (1) ZLR 326 (S)

2009 (1) ZLR p326

Citation

2009 (1) ZLR 326 (S)

Case No

Judgment No. S-21-09

Court

Supreme Court, Harare

Judge

Garwe JA, Gwaunza JA & Ziyambi JA

Heard

27 November 2006

Judgment

19 May 2009

Counsel

E Matinenga, with him H Zhou, for the applicant
R M Fitches, for the respondent

Case Type

Details not supplied

Annotations

Link to case annotations

Flynote

Contract – breach – remedies – specific performance – court's discretion – when specific performance may be refused – order operating harshly on defendant – plaintiff being unjustly enriched due to inflation

Contract – cancellation – how notice of cancellation must be conveyed to other party – cancellation by conduct – cancellation by conduct may be inferred from circumstances

Contract – performance – time – no time specified for performance – demand by creditor necessary to place debtor in mora – time of the essence – demand still necessary

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