Supreme Court or­ders MDC to pay SA firm R5m for re­galia sup­plied

Chronicle (Zimbabwe) - - Front Page -

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

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