MCR Vengesayi and Agnes Vengesayi carrying on business in partnership under the name Style Vengesayi Architects v Belvedere Nursing Home (Private) Limited

[2020] ZWSC 15

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Case Details

Court

Supreme Court

Date

6 February 2020

Citation

[2020] ZWSC 15

Judgment No.

SC 15/2020

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MATHONSI JA

Full Bench

GUVAVA JABERE JAMATHONSI JA

Areas of Law

Contract LawProfessional ServicesPrescription

Keywords

Architectural servicesContract validityFee calculationPrescriptionSpecific performance

Key Issues

{"issue_text":"Whether the appellants proved entitlement to US$357,330.68 being 25% of their claim that had not prescribed","issue_type":"mixed","dispositive":"yes","related_facts":"Appellants submitted fee note on 3 August 2010; Contract provided for fee calculation method; Court a quo found valid contract and work done but dismissed for lack of quantum proof"}

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Facts of the Case

Background

Appellants, a firm of architects, entered into a written agreement with respondent nursing home in 2005 to provide architectural services for hospital improvements. After rendering services and submitting fee notes, respondent refused to pay, denying the contract's validity. High Court found 75% of claim prescribed but dismissed even the 25% that had not prescribed, claiming insufficient proof of quantum.

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