Chinyakata v Crystal Cabs & Anor (HC 5253 of 2014) [2015] ZWHHC 660 (28 July 2015)

Chinyakata v Crystal Cabs & Anor (HC 5253 of 2014) [2015] ZWHHC 660 (28 July 2015)

The contract was not void as the respondent was identifiable and the agreement was with her personally trading as Crystal Cabs. The impossibility of performance was self-created by the applicant's actions, specifically the accident that destroyed the car. There was no legal basis to set aside the contract or order repayment.

Citation
[2015] ZWHHC 660
Parties
Applicant: Elastos Chinyakata; Respondent: Malian Azimania Failahmed t/a Crystal Cabs; Respondent: Malian Azimania Failahmed
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
28 July 2015
Case Number
HC 5253 of 2014
Procedural Posture
Opposed Application / Judgment
Outcome
application dismissed
Legal Topics
Declaratory Orders, Contract Validity, Impossibility of Performance, Unregistered Entities, Rent to Buy Agreements
Source Language
English
Contract Law Declaratory Orders Contract Validity Impossibility of Performance Unregistered Entities Rent to Buy Agreements

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Parties

Elastos Chinyakata

Applicant

Malian Azimania Failahmed t/a Crystal Cabs

Respondent

Malian Azimania Failahmed

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether the contract is void due to the respondent trading as an unregistered entity
  2. 2 Whether the contract was impossible to perform and should be set aside

Ratio Decidendi

The contract was not void as the respondent was identifiable and the agreement was with her personally trading as Crystal Cabs. The impossibility of performance was self-created by the applicant's actions, specifically the accident that destroyed the car. There was no legal basis to set aside the contract or order repayment.

Court Disposition

application dismissed