Dr Lung v Majoni (HC 306 of 2016; HH 308 of 2017) [2017] ZWHHC 308 (27 April 2017)

Dr Lung v Majoni (HC 306 of 2016; HH 308 of 2017) [2017] ZWHHC 308 (27 April 2017)

The plaintiff performed all the surgical procedures he was contracted to do, as evidenced by medical records and admissions by the defendant. Payment was due immediately after treatment as per the quotation and oral agreement. The defendant's claim that only stage 1 was performed was disproved by evidence of work on both jaws and corroborating documents.

Citation
[2017] ZWHHC 308
Parties
Plaintiff: Dr Gerhard Peter Lung; Defendant: Mandy Margaret Majoni
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 April 2017
Case Number
HC 306 of 2016 ; HH 308 of 2017
Procedural Posture
Civil Trial / Judgment
Outcome
judgment for plaintiff
Legal Topics
Payment for Services Rendered, Oral Contract, Medical Services, Quantum Meruit
Source Language
English
Contract Law Medical Law Payment for Services Rendered Oral Contract Medical Services Quantum Meruit

Case Brief

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Parties

Dr Gerhard Peter Lung

Plaintiff

Mandy Margaret Majoni

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the plaintiff performed the contracted dental procedures entitling him to payment
  2. 2 Whether payment was due immediately after treatment or upon completion of all stages including work by a third party

Ratio Decidendi

The plaintiff performed all the surgical procedures he was contracted to do, as evidenced by medical records and admissions by the defendant. Payment was due immediately after treatment as per the quotation and oral agreement. The defendant's claim that only stage 1 was performed was disproved by evidence of work on both jaws and corroborating documents.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff US$21,035 for dental services rendered.
  • Defendant to pay interest at 5% per annum from 17 March 2014 to date of full payment.