Marume & Anor v Muranganwa (HC 1886 of 2006) [2007] ZWHHC 27 (24 April 2007)

Marume & Anor v Muranganwa (HC 1886 of 2006) [2007] ZWHHC 27 (24 April 2007)

Plaintiffs failed to establish a proper basis for calculating damages, did not address whether inflation and currency devaluation are valid bases for contractual damages under Zimbabwean law, and incorrectly assessed damages as at the date of late payment rather than when due. Application for default judgment cannot...

Source-derived case information.

Citation
[2007] ZWHHC 27
Parties
Plaintiff: Edward Marume; Plaintiff: Ellen Chamunorwa; Defendant: Todd Muranganwa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
24 April 2007
Case Number
HC 1886 of 2006
Procedural Posture
Civil / Application for Default Judgment
Outcome
absolution from the instance granted
Legal Topics
Breach of Contract, Damages, Currency Nominalism, Revalorization, Default Judgment
Source Language
english
Contract Law Breach of Contract Damages Currency Nominalism Revalorization Default Judgment

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Parties

Edward Marume

Plaintiff

Ellen Chamunorwa

Plaintiff

Todd Muranganwa

Defendant

Procedural Posture

Civil / Application for Default Judgment

Legal Issues

  1. 1 Whether plaintiffs can claim damages for breach after allowing transfer of property despite breach
  2. 2 Whether inflation and devaluation of currency are valid bases for calculating contractual damages
  3. 3 At what date damages for breach of contract should be assessed

Ratio Decidendi

Plaintiffs failed to establish a proper basis for calculating damages, did not address whether inflation and currency devaluation are valid bases for contractual damages under Zimbabwean law, and incorrectly assessed damages as at the date of late payment rather than when due. Application for default judgment cannot succeed.

Court Disposition

absolution from the instance granted

Orders

  • Absolution from the instance is granted.
  • There shall be no order as to costs.