MUTANGADURA v TS TIMBER BUILDING SUPPLIES 2009 (2) ZLR 424 (H)
Citation | 2009 (2) ZLR 424 (H) |
Case No | Judgment No. HH-146-09 |
Court | High Court, Harare |
Judge | Patel J |
Heard | 16 June 2009;19 June 2009 |
Judgment | 24 November 2009 |
Counsel | F B Chirimuuta for the plaintiff |
Case Type | Civil trial |
Annotations | Link to case annotations |
Flynote
Contract – impossibility – supervening impossibility alleged by non-performing party – when party may be relieved of obligations on grounds of impossibility – temporary impossibility – does not relieve party of obligations – plaintiff entitled to specific performance and a monetary award of damages in the alternative
Contract – breach – damages – mitigation – plaintiff entitled to be placed in the position he would have been but for defendants breach of the contract – plaintiff not obliged to accept an offer which would result in a monetary loss due to hyper-inflation
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