Supreme Court orders MDC to pay SA firm R5m for regalia supplied
Maxwell Takuva’s judgment in favour of MDC.
According to court papers, sometime in April 2008, then MDC senior member Mr Eddie Cross and Mr Simon Spooner entered into an oral contract with Mr Lawrence Zlattner, representing Security Mills, in terms of which the former ordered on behalf of the party material for the 2008 elections.
Mr Cross and Mr Spooner made an undertaking to pay as MDC agents but they defaulted after Security Mills had supplied the consignment.
In dismissing the application, Justice Takuva said Mr Zlattner took a conscious risk and acted recklessly without ascertaining who exactly he was contracting with. He said Security Mills failed to discharge the onus of showing that by reason of the MDC-T’s conduct they had been led to supply the goods in question on the strength of representations made by the opposition party.
MDC, in its heads of argument filed by its lawyer Advocate Kucaca Phulu who was instructed by Mwonzora and Associates, argued that Mr Cross and Mr Spooner did not have “express authority” to enter into a contract with the manufacturing company thus there was no legal basis of suing the party.
He said it was quite clear that the contract was entered by Mr Spooner not on behalf of MDC-T but for the benefit of the party.
The party further argued that neither Mr Cross nor Mr Spooner had authority to enter into contracts on its behalf. The party also denied that it had purchased anything from Cabat Trade and Finance.
Security Mills, through its lawyer Advocate Richard Fitches who was instructed by Joel Pincus Konson and Wolhuter, said neither Mr Cross nor Mr Spooner and or the MDC paid for all the T-shirts, bandanas, doeks and other material despite an agreement entered by the parties. Adv Fitches, in his heads of argument, said Justice Takuva misdirected himself when he failed to take note of the fact that the MDC failure to pay the money was an act of unjust enrichment. — @mashnets