Rhuhwaya v Moyo (HC 2962 of 2013) [2015] ZWBHC 169 (20 August 2015)

Rhuhwaya v Moyo (HC 2962 of 2013) [2015] ZWBHC 169 (20 August 2015)

The partnership was dissolved by mutual agreement, not by wrongful conduct; defendant is liable to reimburse plaintiff US$60,000 for equipment and installations, but not for damages as there was no wrongful act.

Citation
[2015] ZWBHC 169
Parties
Plaintiff: Augustine Rhuwaya; Defendant: Ndodana Moyo
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
20 August 2015
Case Number
HC 2962 of 2013
Procedural Posture
Civil Action / Judgment
Outcome
partly allowed, partly dismissed
Legal Topics
Dissolution of Partnership, Recovery of Capital Contribution, Damages for Loss of Investment, Costs of Suit
Source Language
English
Partnership Law Contract Law Dissolution of Partnership Recovery of Capital Contribution Damages for Loss of Investment Costs of Suit

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Parties

Augustine Rhuwaya

Plaintiff

Ndodana Moyo

Defendant

Procedural Posture

Civil Action / Judgment

Legal Issues

  1. 1 Whether the partnership should be dissolved and parties share equally all profits earned to date
  2. 2 Whether defendant should pay US$60,000 for equipment and installations purchased by plaintiff
  3. 3 Whether plaintiff is entitled to damages for loss of investment caused by defendant's frustration of the partnership

Ratio Decidendi

The partnership was dissolved by mutual agreement, not by wrongful conduct; defendant is liable to reimburse plaintiff US$60,000 for equipment and installations, but not for damages as there was no wrongful act.

Court Disposition

partly allowed, partly dismissed

Orders

  • The partnership is dissolved.
  • Defendant to pay plaintiff US$60,000 for equipment and installations.