WATSON v GILSON ENTERPRISES (PVT) LTD & ORS 1997 (2) ZLR 318 (H)

1997 (2) ZLR p318

Flynote

Agency — principal — non-existent principal — whether agent incurs rights or obligations under contract

Company — pre-incorporation contract — requirements for validity — person acting as agent or trustee of company to be formed — distinction

Contract — pre-incorporation contract of company to be formed — contract entered into by an agenct on behlaf of a company to be formed later — whether agent had personal right to enforce the contract if the company is not later formed — benefit of third party — acceptance — whether promisee may enforce promise made for benefit of third party — interpretation — ut res magis valeat cum pereat

Legal practitioner — conduct and ethics — conflict of interest — what constitutes — whether court will prevent lawyer from acting where conflict of interest arises

Practice and procedure — interdict — temporary — application for — requirements for the granting of temporary interdict — prima facie right — meaning — court's discretion to refuse interdict