Supreme Court of Zimbabwe - 2004 November

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3 judgments

Citation	Judgment date
November 2004
Gamanje (Pvt) Ltd. v City of Bulawayo (Civil Appeal 107 of 2001; SC 94 of 2004) [2004] ZWSC 94 (22 November 2004) Whether a municipal defendant, though a contract may be void for tender non‑compliance, was unjustly enriched by extraction of applicant’s gravel and liable in restitution. Contract formation – implied/tacit agreement; Municipal procurement/tenders – effect of non-compliance with s 211 Urban Councils Act on enforceability; Restitution – unjust enrichment elements (enrichment, impoverishment, lack of justification, measure of enrichment); Remedy – restitution despite invalid contract	22 November 2004
Central African Building and Construction (Pvt) Ltd. v Rangiso and Others (Civil Appeal 36 of 2003; SC 112 of 2004) [2004] ZWSC 112 (15 November 2004) Appeal struck off roll: contract duration was a factual issue, not a question of law, so no Supreme Court jurisdiction. Labour law — retrenchment regulations — fixed-term versus open-ended contracts — question of law v question of fact — appellate jurisdiction under s 92(2) Labour Relations Act — appeal struck off roll	15 November 2004
Chawatama v United Touring Company (Civil Appeal 351 of 2003; SC 99 of 2004) [2004] ZWSC 99 (4 November 2004) A consent order cannot be appealed; under s92D appeals lie only on questions of law and consent orders present no such issues. Civil procedure – Consent orders – Appealability of judgments by consent – Consent orders not subject to appeal; may only be set aside for fraud or common mistake; Labour Relations Act s92D limits appeals to questions of law	4 November 2004