MANDALA v GLENS REMOVALS AND STORAGE ZIMBABWE (PVT) LTD 2013 (1) ZLR 156 (H)
Citation | 2013 (1) ZLR 156 (H) |
Case No | Judgment No. HH-78-13 |
Court | High Court, Harare |
Judge | Bere J |
Heard | 17 October 2011; 18 October 2012; CAV |
Judgment | 14 February 2013 |
Counsel | N P Gonese, for the plaintiff |
Case Type | Civil trial |
Annotations | No case annotations to date |
Flynote
Contract – enforceability – paratie executie clause – sale of moveables delivered to creditor by debtor – contract valid and enforceable – right of debtor to seek protection of court upon just cause shown – liability of debtor must be agreed between parties or established through court process – not open to creditor unilaterally to determine level of debt and then enforce clause – debtor entitled to seek the protection of court
Contract – pactum commissarium – unenforceable in terms of law of Zimbabwe
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