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MEDLOG ZIMBABWE (PVT) LTD v COST BENEFIT HOLDINGS (PVT) LTD 2018 (1) ZLR 449 (S)

2018 (1) ZLR p449

Citation

2018 (1) ZLR 449 (S)

Case No

Judgment No. S-24-18

Court

Supreme Court, Harare

Judge

Garwe JA, Gowora JA & Guvava JA

Heard

25 July 2017

Judgment

14 May 2018

Counsel

E T Matinenga, for the appellant
Mrs J B Wood, for the respondent

Case Type

Civil appeal

Annotations

Flynote

Contract – depositum – how contract is formed – when depositary liable to depositor – contract not formed where payment made for safe-keeping

Practice and procedure – pleadings – purpose of – parties bound by pleadings throughout litigation – normally application for amendment required if issue substituted or new issue raised – limited circumstances where court may adjudicate on issues not raised in pleadings

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