Aaron Nyarugwe v Dharwizi Transport (Private) Limited

Judgment No. SC 15/18

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Case Details

Court

Supreme Court

Date

15 March 2018

Citation

Judgment No. SC 15/18

Neutral Citation

[2018] ZWSC 15

Judgment No.

SC 15/18

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GOWORA JA

Full Bench

ZIYAMBI JAGOWORA JAUCHENA JA

Areas of Law

Contract LawCivil Procedure

Keywords

Deed of SuretyshipNovationWaiver of PrivilegeCivil Evidence Act

Key Issues

{"issue_text":"Whether the appellant accepted the transfer of suretyship from the respondent to Lazarus Nyakudya, thereby absolving the respondent of liability.","issue_type":"fact","dispositive":"yes","related_facts":"Existence of clause 5 in the deed of suretyship; Letter proposing transfer; New deed of suretyship by Nyakudya; Lack of written cancellation."}
{"issue_text":"Whether the court a quo erred in admitting Exhibit 5 (letter from appellant to its legal practitioners) in evidence.","issue_type":"procedural","dispositive":"no","related_facts":"Admissibility of confidential communication under the Civil Evidence Act."}

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background

Facts of the Case

Background

The appellant (ZFC Limited) entered into an agreement with Farmcrop Enterprises for the sale of fertilizers and chemicals. The respondent (Tapiwa Joel Furusa) bound himself as surety and co-principal debtor for Farmcrop. Farmcrop failed to account for US$46,717.16. The respondent and Lazarus Nyakudya wrote a letter proposing the transfer of the suretyship to Nyakudya, who subsequently signed a new deed of suretyship. The appellant sued the respondent for the debt, but the High Court dismissed the claim, holding that the respondent had been absolved. The Supreme Court allowed the appeal.

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