MAKGATHO v OLD MUTUAL LIFE ASSURANCE CO ZIMBABWE LTD 2015 (2) ZLR 5 (S)
Citation | 2015 (2) ZLR 5 (S) |
Case No | Judgment No. SC-57-15 |
Court | Supreme Court, Harare |
Judge | Gwaunza, Garwe and Patel JJA |
Heard | 13 March 2014 |
Judgment | 13 March 2014 |
Counsel | L Uriri, for the appellant |
Case Type | Civil appeal |
Annotations |
Flynote
Contract law – specific performance – liability of a surety and co-principal debtor joint with that of the principal debtor.
Contract law – novation – what amounts to.
Practice and procedure – pleadings – extent to which the court can go outside the pleadings in resolving a matter.
Practice and procedure – prescription – plea – whether point can be taken for the first time on appeal and in heads of argument.
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