Siwawa v Cooper Construction (Pvt) Ltd. (HC 2069 of 2015) [2015] ZWHHC 790 (14 October 2015)

Siwawa v Cooper Construction (Pvt) Ltd. (HC 2069 of 2015) [2015] ZWHHC 790 (14 October 2015)

The applicant lacked privity of contract and therefore could not seek cancellation. The respondent proved, on a balance of probabilities, that it supplied machinery and is entitled to the outstanding hire fee.

Citation
[2015] ZWHHC 790
Parties
Applicant: Symptoms Siwawa; Respondent: Cooper Construction (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
14 October 2015
Case Number
HC 2069 of 2015
Procedural Posture
Opposed Application / Judgment
Outcome
Applicant's application dismissed; respondent's counter application allowed.
Legal Topics
Privity of Contract, Contract Cancellation, Hire of Machinery, Counterclaim
Source Language
English
Contract Law Privity of Contract Contract Cancellation Hire of Machinery Counterclaim

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Parties

Symptoms Siwawa

Applicant

Cooper Construction (Pvt) Ltd

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether the applicant had locus standi to seek cancellation of the agreement
  2. 2 Whether the respondent is entitled to payment of outstanding hire fees

Ratio Decidendi

The applicant lacked privity of contract and therefore could not seek cancellation. The respondent proved, on a balance of probabilities, that it supplied machinery and is entitled to the outstanding hire fee.

Court Disposition

Applicant's application dismissed; respondent's counter application allowed.

Orders

  • Applicant's application dismissed with costs.
  • Applicant to pay respondent $39,374.50 with interest at the prescribed rate from 25 February 2015 to payment in full.