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MARAIS & ANOR v KENNEDY & ANOR 1996 (2) ZLR 610 (H)

1996 (2) ZLR p610

Citation

1996 (2) ZLR 610 (H)

Case No

Judgment No. HH-149-96

Court

High Court, Harare

Judge

Bartlett J

Heard

30 & 31 January, 1 & 2 February, 7-10 May, 19 July 1996

Judgment

20 November 1996

Counsel

J C Andersen SC, for the plaintiffs
R R Horn SC, for the defendants

Case Type

Civil trial

Annotations

Link to case annotations

Flynote

Partnership — fiduciary relationship — good faith — duty of uberrima fides between partners — duty to disclose transaction by which one partner will benefit at expense of partnership — extension of duty to persons who have wound up partnership but have not completely settled partnership's affairs

Practice and procedure — pleadings — precision in — imprecise and incorrect pleadings — whether party bound thereby — basis of claim becoming apparent after commencement of trial

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