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ZIMBABWE MINING & SMELTING CO v ZAKEYO 2007 (1) ZLR 132 (S)

2007 (1) ZLR p132

Citation

2007 (1) ZLR 132 (S)

Case No

Judgment No. S-70-06

Court

Supreme Court Harare

Judge

Chidyausiku CJ, Cheda JA and Malaba JA

Heard

16 May 2006

Judgment

8 March 2007

Counsel

E W W Morris, for the appellant
S V Hwacha, for the respondent

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Agency — agent — duties of agents towards principal — fiduciary nature of — actual or potential conflicts of interest — duty to disclose such conflicts — rule of universal application.

Employment — code of conduct — offences under — theft — definition including unauthorised use — not necessary to prove common law theft or fraud

Employment — employer — employee relationship — duty of employee to disclose conflict of interest to employer — what must be shown — inflexible nature of rule — potential conflict of duty and self-interest suffice to bring employee within the scope of the rule — not necessary that actual conflict of interests occurs

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