Victoria Falls Hotel Partnership v Jackson Munyeza Pools (HC 6525 of 2015; HH 244 of 2017) [2017] ZWHHC 244 (12 April 2017)

Victoria Falls Hotel Partnership v Jackson Munyeza Pools (HC 6525 of 2015; HH 244 of 2017) [2017] ZWHHC 244 (12 April 2017)

The respondent failed to establish any facts that would constitute a bona fide defense at trial. The alleged supervening impossibility and increased costs were not substantiated and did not excuse non-performance. The applicant is entitled to cancellation of the contract and restitution.

Citation
[2017] ZWHHC 244
Parties
Applicant: Victoria Falls Hotel Partnership; Respondent: Jackson Munyeza Pools
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 April 2017
Case Number
HC 6525 of 2015 ; HH 244 of 2017
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for applicant
Legal Topics
Summary Judgment, Breach of Contract, Restitution, Supervening Impossibility
Source Language
English
Contract Law Summary Judgment Breach of Contract Restitution Supervening Impossibility

Case Brief

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Parties

Victoria Falls Hotel Partnership

Applicant

Jackson Munyeza Pools

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the respondent has a bona fide defense to the applicant’s claim for cancellation of contract and restitution of deposit
  2. 2 Whether supervening impossibility or increased costs excused the respondent’s non-performance

Ratio Decidendi

The respondent failed to establish any facts that would constitute a bona fide defense at trial. The alleged supervening impossibility and increased costs were not substantiated and did not excuse non-performance. The applicant is entitled to cancellation of the contract and restitution.

Court Disposition

Summary judgment granted for applicant

Orders

  • The contract between the applicant and the respondent is cancelled.
  • The respondent is ordered to pay the applicant US$11,800.00 together with interest at 5% per annum from 7th August 2013 to date of full payment.