NCUBE v MPOFU & ORS 2006 (2) ZLR 41 (H)
Citation | 2006 (2) ZLR 41 (H) |
Case No | Judgment No. HB-69-06 |
Court | High Court, Bulawayo |
Judge | Ndou J |
Heard | 7 November 2005 |
Judgment | 13 July 2006 |
Counsel | K Phulu, for the applicant |
Case Type | Civil application |
Annotations | No case annotations to date |
Flynote
Contract — breach — specific performance — order for— principles — when specific performance rather than damages should be ordered
Contract — completion — payment to an agent — agent expressly authorised to receive payment — obligation to make payment thereby discharged
Contract — frustration — whether doctrine of frustration still part of our law — need for "common object" of contract to be frustrated
Contract — performance — impossibility — meaning — fact that changed circumstances made performance uneconomical — not impossible for contract to be performed
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