Ashanti Gold Fields Zimbabwe Ltd v Jafati Mdala (SC 60/17)

The biggest lesson one can learn from this case is that courts are bound by what parties would have agreed. The courts do not have a duty to rewrite contracts as their only role is to give meaning to their terms. This case confirms what the SC has held in a plethora of cases like Unilever Zimbabwe (Pvt) Ltd v Matsheza[1], Magodora & Others v CARE International Zimbabwe[2]  and Lawrence Shumbayaonda v Madhatter Mining (Private) Limited.[3] Contracts duly agreed upon by the parties will be upheld.

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The biggest lesson one can learn from this case is that courts are bound by what parties would have agreed. The courts do not have a duty to rewrite contracts as their only role is to give meaning to their terms. This case confirms what the SC has held in a plethora of cases like Unilever Zimbabwe (Pvt) Ltd v Matsheza[1], Magodora & Others v CARE International Zimbabwe[2]  and Lawrence Shumbayaonda v Madhatter Mining (Private) Limited.[3] Contracts duly agreed upon by the parties will be upheld.

This content is for Free Membership members only.
Login Join Now
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