FIRSTEL CELLULAR (PVT) LTD v NET-ONE CELLULAR (PVT) LTD 2015 (1) ZLR 94 (S)
Citation | 2015 (1) ZLR 94 (S) |
Case No | Judgment No. S-1-15 |
Court | Supreme Court, Harare |
Judge | Ziyambi JA, Garwe JA & Patel JA |
Heard | 14 February 2014; CAV |
Judgment | 27 January 2015 |
Counsel | T Magwaliba, with him J Muchada, for the appellant |
Case Type | Civil appeal |
Annotations | No case annotations to date |
Flynote
Agency – principal and agent – when agency exists – need for contractual nexus to exist between principal and parties with whom alleged agent contracted – no agency relationship where no such nexus – alleged agent an independent contractor
Contract – impossibility – when impossibility may relieve party of obligations under contract – need for impossibility to be objective and absolute – subjective or temporary impossibility insufficient
Practice and procedure – affidavit – formalities – status of commissioner of oaths – stamp should clearly identify person before whom affidavit is deposed and office or capacity in which such person acts as commissioner
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