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OLD MUTUAL PROPERTY INVESTMENTS v METRO INTERNATIONAL (PVT) LTD & ANOR 2006 (1) ZLR 442 (H)

2006 (1) ZLR p442

Citation

2006 (1) ZLR 442 (H)

Case No

Judgment No. HH-53-06

Court

High Court, Harare

Judge

Patel J

Heard

8 June 2005; 23 June 2005; 9 November 2005

Judgment

11 May 2006

Counsel

E W W Morris, with him G Gapu, for the applicant
L Cook, for the first respondent
L T Biti, for the second respondent

Case Type

Civil application

Annotations

No case annotations to date

Flynote

Contract — interpretation — ambiguities — extrinsic evidence of surrounding circumstances permissible to resolve them

Contract — interpretation — contra preferentem rule — when applicable — rule of last resort — only invoked where all other rules of interpretation have been exhausted — rule ought not to be applied if all parties are relatively equal in their bargaining positions

Contract — interpretation — specific words — "supermarket" — means the entire area of the business including the ancillary facilities and areas not ordinarily open to the public

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