PALEHOUSE INVESTMENTS (PVT) LTD
versus
AJARA TRUCKING LOGISTICS (PVT) LTD
HIGH COURT OF ZIMBABWE
KWENDA J
HARARE, 13, 22 and 29 June 2018 & 25 July 2018
Civil Appeal
V.A Dzingirai, for the plaintiff
T Zhuwarara, for the defendant
KWENDA J: At the conclusion of the trial both lawyers representing the parties’ undertook to file closing submissions, plaintiff on the 13th July 2018 and defendant on the 17th July 2018. Both counsel have, however, failed or neglected to do so notwithstanding the shared view that there was great need for such submissions. Advocate T Zhuwarara put it succinctly and I quote “Submissions on the law as it relates to the contract of barter is of particular importance because there appears to be no jurisprudence in that area post-independence.” It is therefore regrettable that I have had to prepare judgment without the expected input from counsel.
In this matter the parties agree that they entered into an oral agreement and that defendant is indebted to plaintiff but do not agree on the type of contract entered into. Consequently, they do not agree on how defendant should discharge its obligation towards plaintiff. One Tichaona Samuriwo is the director and ‘alter ego’ of the plaintiff. Ronald Ajara is director and ‘alter ego’ of the defendant. The two were, in their own words, very close friends. It is amazing how only two people who are friends and were engaged in simple and straight forward business transactions can
