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BOOK v DAVIDSON 1988 (1) ZLR 365 (S)

1988 (1) ZLR p365

Citation

1988 (1) ZLR 365 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Dumbutshena CJ, Gubbay JA & McNally JA

Heard

9 February 1988

Judgment

17 June 1988

Counsel

D A B Robinson for the appellant
G S Wernberg for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Contract — restraint of trade — reasonableness of restraint — to be assessed at time restraint is challenged — onus of proving that restraint unreasonable on person seeking to resile from agreement — no onus on person seeking to enforce restraint to show that restraint reasonable and in public interest.

Courts — precedent — judgments from courts in other Roman-Dutch law jurisdictions — persuasive value of — Supreme Court departing from line of Rhodesian and Zimbabwean decisions.

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