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WATERGATE (PVT) LTD v COMMERCIAL BANK OF ZIMBABWE 2006 (1) ZLR 9 (S)

2006 (1) ZLR p9

Citation

2006 (1) ZLR 9 (S)

Case No

Judgment No. S-78-05

Court

Supreme Court, Harare

Judge

Sandura JA, Ziyambi JA &Gwaunza JA

Heard

29 November 2005

Judgment

12 January 2006

Counsel

R Y Phillips, for the appellant
J B Colegrave, for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Contract — performance — impossibility — when party may plead impossibility – need to show that impossibility was not foreseen or was not fault of party

Contract — validity — contract providing that loan be repaid in foreign currency — valid if party can show that judgment in foreign currency would most fully compensate for his loss

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