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MAC AND SON COACHBUILDERS (PVT) LTD v MAPFUMO AND ANOTHER 1984 (1) ZLR 16 (H)

1984 (1) ZLR p16

Citation

1984 (1) ZLR 16 (H)

Case No

No details supplied

Court

High Court, Harare

Judge

Pittman J

Heard

8 December 1983

Judgment

11 January 1984

Counsel

A N Eastwood, for the excipient
No appearance for the 1st defendant
C K Mutasa, for the 2nd defendant (respondent)

Case Type

No details supplied

Annotations

No case annotations to date

Flynote

Contract — in contravention of statutory provision — where contravention vitiates contract — contract to sell road service permits without approval of Minister — offence under s 27(1) as read with s 80 of Road Motor Transportation Act [Chapter 262] - whether contract void — contract induced by fraud — relief available to party misled into entering contract.

Costs — inept conduct of case by legal practitioner — when costs may be awarded de bonis propriis — costs against unsuccessful party on attorney and client basis — when appropriate to order costs against unsuccessful party because of inept handling of case by legal practitioner.

Practice and procedure — plea — plaintiff entitled to look at plea as filed when deciding how to answer plea.

Statutes — Road Motor Transportation Act [Chapter 262] — s 27 — contract to acquire road service permits without approval of Minister — effect of section.

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