Goodwood Hotels (Private) Limited t/a Cutty Sark Hotel v David Hunzvi & 3 Apple International (Private) Limited

SC 44/24

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Case Details

Court

Supreme Court

Date

23 May 2024

Citation

SC 44/24

Neutral Citation

[2024] ZWSC 44

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chatukuta JA

Full Bench

Guvava JAChatukuta JAMwayera JA

Areas of Law

Contract lawProperty lawDamages

Keywords

Oral agreementConsultancy feesEvictionHolding over damagesCurrency specification

Key Issues

{"issue_text":"Whether High Court erred in failing to specify currency of award","issue_type":"procedural","dispositive":"no","related_facts":"Evidence showed amounts were in US dollars"}
{"issue_text":"Whether first respondent should be jointly liable with second respondent","issue_type":"law","dispositive":"no","related_facts":"First respondent occupied room as agent of second respondent"}
{"issue_text":"Whether oral consultancy agreement existed between parties","issue_type":"fact","dispositive":"yes","related_facts":"Letters showed agreement was conditional on signed memorandum"}
{"issue_text":"Whether respondents proved entitlement to $885,875","issue_type":"fact","dispositive":"yes","related_facts":"No agreed remuneration terms established"}

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background

Facts of the Case

Background

The appellant hotel entered into an agreement with the second respondent company for potential hotel expansion project. The first respondent, a director of second respondent, occupied a hotel room while working on the project. When the project was abandoned, respondents refused to vacate the room, leading to eviction proceedings. Respondents counterclaimed for consultancy fees alleging an oral agreement for professional services.

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